Can a Director’s decision on an inter partes reexamination request be petitioned?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The Director’s decision on an inter partes reexamination request is considered final and cannot be petitioned. The MPEP 2640 clearly states:

“The decision ordering reexamination is final and non-appealable. See 35 U.S.C. 312(c) and Heinl v. Godici, 143 F.Supp.2d 593, 596-98 (E.D. Va. 2001).”

This means that once the Director has made a decision to order or deny reexamination, there is no administrative process within the USPTO to challenge or appeal this decision. However, parties may have other legal options outside the USPTO if they wish to contest the decision.