What is the process for petitioning a denial of an inter partes reexamination request?
If a request for inter partes reexamination is denied, the third-party requester can petition for review. According to MPEP 2648: “The third party requester may seek review by a petition to the Director under ยง 1.181 within one month of the mailing date of the examiner’s determination refusing to order inter partes reexamination.” This petition…
Read MoreIs there a refund if an inter partes reexamination request is denied?
Yes, there is a partial refund available if an inter partes reexamination request is denied. According to MPEP 2648: “After the time for petition has expired (without a petition being filed), or a petition has been filed and the decision affirms the denial of the request, a partial refund of the filing fee for the…
Read MoreCan the decision on a petition for inter partes reexamination be appealed?
No, the decision on a petition for inter partes reexamination cannot be appealed. According to MPEP 2648: “This decision is final and nonappealable. See 35 U.S.C. 312(c) and 37 CFR 1.927. No further communication on this matter will be acknowledged or considered.” This means that once the CRU Director has made a decision on the…
Read MoreWhat happens if a petition for inter partes reexamination is granted?
If a petition for inter partes reexamination is granted, the following steps occur according to MPEP 2648: The CRU Director signs the decision granting the petition. The decision includes a statement that an Office action will be mailed in due course. The reexamination file is forwarded to the CRU support staff for processing and mailing…
Read MoreWho reviews the petition for a denied inter partes reexamination request?
According to MPEP 2648, the review process for a petition from a denied inter partes reexamination request is as follows: The petition, along with the reexamination file, is forwarded to the office of the Central Reexamination Unit (CRU) Director. The CRU Director conducts a de novo review of the examiner’s determination. The CRU Director’s decision…
Read MoreCan a requester challenge a basis for granting reexamination?
While a requester can petition against a denial of reexamination, challenging a basis for granting reexamination is more limited. According to MPEP 2648: “37 CFR 1.927 applies only to challenging a basis for denying of reexamination; it does not apply to challenging a basis for granting of reexamination.” However, there is a specific circumstance where…
Read More