What is the deadline for the Director to decide on an inter partes reexamination request?
The Director has a specific timeframe to make a decision on an inter partes reexamination request. According to MPEP 2640: “The reexamination proceeding is instituted by the Director within 3 months following the filing date of a request for reexamination.” This 3-month deadline ensures that decisions on reexamination requests are made in a timely manner,…
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The Director’s decision on an inter partes reexamination request is considered final and cannot be petitioned. The MPEP 2640 clearly states: “The decision ordering reexamination is final and non-appealable. See 35 U.S.C. 312(c) and Heinl v. Godici, 143 F.Supp.2d 593, 596-98 (E.D. Va. 2001).” This means that once the Director has made a decision to…
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