35 U.S.C. § 306 — Appeal (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting 35 U.S.C. § 306, including 30 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Appeal Rights for Patent OwnersMPEP 1204
Patent Owner Can Appeal and Seek Review After ReexaminationMPEP 1216Permitted
Appeal to Federal Circuit for Ex Parte ReexaminationMPEP 1216Permitted
Patent Owner Can Appeal and Seek Review After Reexamination DecisionMPEP 2273Permitted
Patent Owner Can Appeal Examiner RejectionsMPEP 2273Required
Third Party Requester Cannot Appeal Patent Owner’s DecisionMPEP 2273Prohibited
Appeal Notice Must Be Filed Within Last Office Action Response PeriodMPEP 2273
First Response Includes Two-Month Extension After Final RejectionMPEP 2273
Normal Ex Parte Appeal Procedures Apply Except as NotedMPEP 2273
Third Party Requester Cannot AppealMPEP 2273Prohibited
No Review of Favorable Patentability DecisionMPEP 2273
Appeal Not Available for Favorable Patentability DecisionMPEP 2273
Notification for Defective Appeal FilingMPEP 2273
Form PTOL-475 Used for Third Party ReexaminationsMPEP 2273
Patent Owner Must Cure Appeal Defects Within One Month or Thirty Days, Whichever is LongerMPEP 2273
Notification of Defects and Two-Month Cure Period for Patent Owner Requested ReexaminationsMPEP 2273
Explanation of Defects Required for Appeal NotificationMPEP 2273Required

Patent Owner Can Appeal Examiner RejectionsMPEP 2273Required
Fee Required for Notice of AppealMPEP 2273Required
Explanation of Defects Required for Appeal NotificationMPEP 2273Required

Pre-AIA 35 U.S.C. 315 Applies to Inter Partes ReexaminationMPEP 1216
Inter Partes Reexamination Not Subject to MPEP Section 1216MPEP 1216
Judicial Review Governed by Post-2012 Regulations for Inter Partes Reexamination ProceedingsMPEP 1216
Inter Partes Reexamination Not Subject to 306MPEP 1216
Appeal Only After Final Rejection In Ex Parte ReexaminationMPEP 2273Permitted
Patent Owner Can Appeal Only After Final Rejection in Ex Parte Reexamination Filing On Or After November 29, 1999MPEP 2273
Patent Owner May Appeal Only After Final Rejection in Ex Parte ReexaminationMPEP 2273
Notice of Appeal Need Not Be SignedMPEP 2273
Defective Appeal Not to Extend TimeMPEP 2273Prohibited
Notice of Appeal Filing RequiredMPEP 2273
Form PTOL-468 for Appeal Dismissal NotificationMPEP 2273Permitted
Notice of Intent to Issue Ex Parte Reexamination CertificateMPEP 2273

MPEP Section	Rules
MPEP § 1204	Appeal Rights for Patent OwnersMPEP 1204
MPEP § 1216	Pre-AIA 35 U.S.C. 315 Applies to Inter Partes ReexaminationMPEP 1216 Inter Partes Reexamination Not Subject to MPEP Section 1216MPEP 1216 Judicial Review Governed by Post-2012 Regulations for Inter Partes Reexamination ProceedingsMPEP 1216 Patent Owner Can Appeal and Seek Review After ReexaminationMPEP 1216Permitted Appeal to Federal Circuit for Ex Parte ReexaminationMPEP 1216Permitted Inter Partes Reexamination Not Subject to 306MPEP 1216
MPEP § 2273	Patent Owner Can Appeal and Seek Review After Reexamination DecisionMPEP 2273Permitted Patent Owner Can Appeal Examiner RejectionsMPEP 2273Required Third Party Requester Cannot Appeal Patent Owner’s DecisionMPEP 2273Prohibited Appeal Only After Final Rejection In Ex Parte ReexaminationMPEP 2273Permitted Patent Owner Can Appeal Only After Final Rejection in Ex Parte Reexamination Filing On Or After November 29, 1999MPEP 2273 Patent Owner May Appeal Only After Final Rejection in Ex Parte ReexaminationMPEP 2273 Notice of Appeal Need Not Be SignedMPEP 2273 Fee Required for Notice of AppealMPEP 2273Required Appeal Notice Must Be Filed Within Last Office Action Response PeriodMPEP 2273 First Response Includes Two-Month Extension After Final RejectionMPEP 2273 Normal Ex Parte Appeal Procedures Apply Except as NotedMPEP 2273 Third Party Requester Cannot AppealMPEP 2273Prohibited No Review of Favorable Patentability DecisionMPEP 2273 Appeal Not Available for Favorable Patentability DecisionMPEP 2273 Defective Appeal Not to Extend TimeMPEP 2273Prohibited Notification for Defective Appeal FilingMPEP 2273 Form PTOL-475 Used for Third Party ReexaminationsMPEP 2273 Patent Owner Must Cure Appeal Defects Within One Month or Thirty Days, Whichever is LongerMPEP 2273 Notification of Defects and Two-Month Cure Period for Patent Owner Requested ReexaminationsMPEP 2273 Explanation of Defects Required for Appeal NotificationMPEP 2273Required Notice of Appeal Filing RequiredMPEP 2273 Form PTOL-468 for Appeal Dismissal NotificationMPEP 2273Permitted Notice of Intent to Issue Ex Parte Reexamination CertificateMPEP 2273

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22

35 U.S.C. § 306 — Appeal (MPEP Coverage Index) – BlueIron IP

35 U.S.C. § 306 Appeal

Official MPEP § 306 — Appeal

35 U.S.C. 306 Appeal.

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