Are oral hearings in inter partes reexamination appeals open to the public?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Generally, oral hearings in inter partes reexamination appeals are open to the public as observers, subject to the Board’s admittance procedures. However, there is a process by which a hearing can be closed to the public.

According to MPEP 2680: “Where the appeal involves reexamination proceedings, oral hearings are open to the public as observers (subject to the admittance procedures established by the Board), unless one of the appellants and/or the respondents (A) petitions under 37 CFR 41.3 that the hearing not be open to the public, (B) presents sufficient reasons for such a request, (C) pays the petition fee set forth in 37 CFR 41.20(a), and (D) the petition is granted.”