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How can I request an oral hearing before the Board in an inter partes reexamination appeal?

By russ.krajec@blueironip.com | September 30, 2024

To request an oral hearing before the Board in an inter partes reexamination appeal, you must follow specific procedures and timing requirements. According to MPEP 2662: If an appellant or a respondent (who has filed a respondent brief) desires an oral hearing by the Board, he or she must file a written request for an…

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What is the deadline for filing a notice of appeal in an inter partes reexamination?

By russ.krajec@blueironip.com | September 30, 2024

The deadline for filing a notice of appeal in an inter partes reexamination is strictly defined. According to MPEP 2662: After the examiner issues a Right of Appeal Notice (RAN), the patent owner and the third party requester may each file a notice of appeal within 30 days or one month (whichever is longer) from…

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What are the time periods for response in an inter partes reexamination proceeding?

By russ.krajec@blueironip.com | September 29, 2024

The time periods for response in an inter partes reexamination proceeding vary depending on the stage of the process. Here are some key timeframes: After a non-Action Closing Prosecution (non-ACP) Office action: The patent owner typically has two months to respond. After an Action Closing Prosecution (ACP): The patent owner usually has 30 days or…

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What are the timeframes for filing briefs in an inter partes reexamination appeal?

By russ.krajec@blueironip.com | September 29, 2024

The timeframes for filing briefs in an inter partes reexamination appeal are specific and cannot be extended. According to MPEP 2662: Appellant Brief: Each party that filed a notice of appeal or notice of cross appeal may file an appellant brief and fee within two months after the last-filed notice of appeal or cross appeal.…

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What is the timeframe for appealing a Board decision to the Federal Circuit in an inter partes reexamination?

By russ.krajec@blueironip.com | September 29, 2024

The timeframe for appealing a Board decision to the U.S. Court of Appeals for the Federal Circuit in an inter partes reexamination is clearly defined in MPEP 2662: The time for the patent owner and/or the third party requester to file a notice of appeal to the U.S. Court of Appeals for the Federal Circuit…

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