What options does a patent owner have if they disagree with a final rejection in reexamination?

If a patent owner disagrees with a final rejection in reexamination, they have several options:

• File a petition under 37 CFR 1.181 requesting that the final rejection be withdrawn and prosecution be reopened.
• File a petition under 37 CFR 1.181 requesting entry of an amendment that was refused by the examiner.
• File a notice of appeal.

The MPEP states: The petition under 37 CFR 1.181 must be filed within the time period for filing a notice of appeal. Note that the filing of a petition under 37 CFR 1.181 does not toll the time period for filing a notice of appeal.

It’s important for patent owners to carefully consider their options and act within the specified time periods to preserve their rights.

To learn more:

• final rejection
• reexamination
• petition
• appeal
• patent prosecution