What is the deadline for filing a notice of appeal in an inter partes reexamination?

The deadline for filing a notice of appeal in an inter partes reexamination is strictly defined. According to MPEP 2662:

After the examiner issues a Right of Appeal Notice (RAN), the patent owner and the third party requester may each file a notice of appeal within 30 days or one month (whichever is longer) from the mailing date of the RAN. 37 CFR 1.953(c). The time for filing a notice of appeal cannot be extended. 37 CFR 41.61(e).

It’s crucial to note that this deadline cannot be extended. Failure to file a notice of appeal within this timeframe may result in the loss of appeal rights. However, there is a provision for cross-appeals:

• A patent owner who hasn’t filed a timely notice of appeal can file a notice of cross-appeal within 14 days of service of a third party requester’s notice of appeal.
• Similarly, a third party requester who hasn’t filed a timely notice of appeal can file a notice of cross-appeal within 14 days of service of a patent owner’s notice of appeal.

These cross-appeal deadlines also cannot be extended.

To learn more:

• notice of appeal
• inter partes reexamination
• appeal deadline
• cross-appeal