What is the process for filing an appeal in inter partes reexamination?

The process for filing an appeal in inter partes reexamination begins after a Right of Appeal Notice (RAN) has been issued. According to MPEP 2674:

“Once a RAN has been issued, the patent owner and any third party requester will have, in accordance with 37 CFR 1.953, a time period of one month or thirty days (whichever is longer) to file a notice of appeal (with the fee set forth in 37 CFR 41.20(b)(1)).”

It’s important to note that this time period cannot be extended. If no party files a timely notice of appeal, the reexamination proceeding will be terminated, and the examiner will issue a Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC).

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Topics: MPEP 2600 - Optional Inter Partes Reexamination, MPEP 2674 - Appeal In Inter Partes Reexamination, Patent Law, Patent Procedure
Tags: Appeal Process, inter partes reexamination, Notice Of Appeal, Right Of Appeal Notice