Are oral hearings in patent reexamination appeals open to the public?
Generally, oral hearings in patent reexamination appeals are open to the public as observers. However, the appellant can request a closed hearing under certain conditions. According to MPEP 2276:
“Where the appeal involves reexamination proceedings, oral hearings are open to the public as observers (subject to the admittance procedures established by the Board), unless the appellant (A) petitions under 37 CFR 41.3 that the hearing not be open to the public, (B) presents sufficient reasons for such a request, (C) pays the petition fee set forth in 37 CFR 41.20(a), and (D) the petition is granted.”
This means that while hearings are typically public, the appellant can petition for a closed hearing if they have sufficient reasons and pay the required fee.
To learn more: