What are the appeal rights for patent owners in ex parte reexamination?
Patent owners have specific appeal rights in ex parte reexamination proceedings. According to MPEP 2273, “The patent owner involved in a reexamination proceeding under this chapter may appeal under the provisions of section 134, and may seek court review under the provisions of sections 141 to 144, with respect to any decision adverse to the patentability of any original or proposed amended or new claim of the patent.” This means patent owners can appeal to the Board for review of an examiner’s rejection and potentially seek further court review if dissatisfied with the Board’s decision.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2273 - Appeal In Ex Parte Reexamination,
Patent Law,
Patent Procedure