37 CFR § 1.198 — Reopening after a final decision of the Patent (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.198 Reopening after a final decision of the Patent
This page consolidates MPEP guidance interpreting 37 CFR § 1.198, including 16 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.
Summary
This section provides detailed guidance on petitions or requests to reopen prosecution of patent applications following a PTAB decision without court action, including the requirements and procedures.
What this section covers
- Defines that this section covers petitions or requests to reopen prosecution of patent applications following a PTAB decision without court action.
Key obligations
- Practitioners must file a petition to reopen within the time limit set by the PTAB.
- Petitions must include a statement of facts and reasons why the petition should be granted.
- Petitions must comply with 37 CFR 1.198, which provides the authority for reopening after a final decision.
Practice notes
- Advise practitioners to carefully review the PTAB decision and identify any procedural or substantive errors that may support a petition.
- Warn practitioners against filing petitions based on mere disagreement with the PTAB's decision, as such grounds are not sufficient to reopen.
Official MPEP § 1.198 — Reopening after a final decision of the Patent
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.198 Reopening after a final decision of the Patent Trial and Appeal Board.
When a decision by the Patent Trial and Appeal Board on appeal has become final for judicial review, prosecution of the proceeding before the primary examiner will not be reopened or reconsidered by the primary examiner except under the provisions of § 1.114 or § 41.50 of this title without the written authority of the Director, and then only for the consideration of matters not already adjudicated, sufficient cause being shown.
[49 FR 48416, Dec. 12, 1984, effective date Feb. 11, 1985; revised, 65 FR 14865, Mar. 20, 2000, effective May 29, 2000 (adopted as final, 65 FR 50092, Aug. 16, 2000); revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; revised, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; revised, 77 FR 46615, Aug. 6, 2012, effective Sept. 16, 2012]
- Appeals
- Board Decision
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- Post Decision Procedure
- Ex Parte Reexamination
- Fees
- Ptab Contested Case
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| MPEP Section | Rules |
|---|---|
| MPEP § 1002.02(c) | |
| MPEP § 1214.04 | |
| MPEP § 1214.07 | |
| MPEP § 1216 |