Can a third party requester appeal a decision in an ex parte reexamination?
No, a third party requester in an ex parte reexamination cannot seek judicial review of a decision. The MPEP 2279 clearly states: “A third party requester of an ex parte reexamination may not seek judicial review.” This principle is supported by case law, specifically Yuasa Battery v. Comm’r, 3 USPQ2d 1143 (D.D.C. 1987). However, it’s…
Read MoreWhat are the options for a patent owner to appeal a decision of the Board in a reexamination proceeding?
A patent owner who is not satisfied with the decision of the Board in a reexamination proceeding has limited options for appeal. According to MPEP 2279, “The patent owner may appeal the decision of the Board only to the United States Court of Appeals for the Federal Circuit pursuant to 35 U.S.C. 141.” This applies…
Read MoreWhen does an interference proceeding officially terminate?
An interference proceeding officially terminates after specific conditions are met. According to MPEP 2307: “The Director has defined termination to occur after a final Board judgment in the interference and the period for seeking judicial review has expired or, if judicial review is sought, after completion of judicial review including any further action by the…
Read MoreWhat constitutes a final decision by the Patent Trial and Appeal Board?
The MPEP provides specific criteria for what constitutes a final decision by the Patent Trial and Appeal Board (PTAB). According to MPEP 2301.02, a decision is considered final for the purposes of judicial review under these conditions: “Final means, with regard to a Board action, final for the purposes of judicial review. A decision is…
Read MoreWhat is the time limit for filing a judicial review after a PTAB decision?
The time limit for seeking judicial review after a Patent Trial and Appeal Board (PTAB) decision is specified in MPEP 1216 and 37 CFR 90.3: “The time for filing a notice of a 35 U.S.C. 141 appeal to the U.S. Court of Appeals for the Federal Circuit or for commencing a civil action under 35…
Read MoreHow should court papers be served on the Director of the USPTO in judicial review proceedings?
According to MPEP 1216, service of court papers on the Director of the USPTO in judicial review proceedings must be made on the Office of the Solicitor. This is in accordance with Rule 5(b) of the Federal Rules of Civil Procedure and Rule 25(b) of the Federal Rules of Appellate Procedure. Service can be effected…
Read MoreHow can a party request an extension of time for seeking judicial review?
According to MPEP 1216, parties can request an extension of time for seeking judicial review under specific circumstances. The process is governed by 37 CFR 90.3(c), which states: “The Director may extend the time (A) for good cause if requested before the expiration of the time provided for initiating judicial review or (B) upon a…
Read MoreWhen is a Board decision considered final for judicial review?
According to MPEP 1213, a decision of the Board that includes a remand is not considered final for judicial review. The MPEP states: 37 CFR 41.50(e) provides that a decision of the Board which includes a remand will not be considered final for judicial review. The Board, following conclusion of the proceedings before the examiner,…
Read MoreWhat is the process for seeking judicial review of a PTAB decision?
To seek judicial review of a Patent Trial and Appeal Board (PTAB) decision, an applicant must follow these steps: File a notice of appeal to the U.S. Court of Appeals for the Federal Circuit within 63 days after the PTAB’s decision. Pay the required fee to the Director of the USPTO. File the appeal with…
Read MoreWhat is the procedure for seeking judicial review of a Board decision?
To seek judicial review of a Board decision, an applicant has two options: File a civil action in the U.S. District Court for the Eastern District of Virginia under 35 U.S.C. 145 Appeal directly to the U.S. Court of Appeals for the Federal Circuit under 35 U.S.C. 141 The MPEP 1216 states: “The patent applicant…
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