Can a third party requester intervene in court review of a reexamination decision?
While third party requesters cannot directly appeal reexamination decisions, they may be allowed to intervene in court reviews under certain circumstances. The MPEP 2279 states: “While the reexamination statutory provisions do not provide for participation by any third party requester during any court review, the courts have permitted intervention by a third party requester in…
Read MoreWhat are the appeal rights for patent owners in ex parte reexamination?
Patent owners have specific appeal rights in ex parte reexamination proceedings. According to MPEP 2273, “The patent owner involved in a reexamination proceeding under this chapter may appeal under the provisions of section 134, and may seek court review under the provisions of sections 141 to 144, with respect to any decision adverse to the…
Read MoreHow does the reply period differ for patent applications under appeal or court review?
The reply period for patent applications under appeal or court review may differ from the standard periods. The MPEP Section 710 states: ‘See MPEP Chapter 1200 for period for reply when appeal is taken or court review sought.’ This reference to MPEP Chapter 1200 indicates that special rules and timeframes may apply when an application…
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