Can a Director’s decision on an inter partes reexamination request be petitioned?

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…

Read More