Can a party participate in another party’s appeal in an inter partes reexamination?
Yes, in inter partes reexamination proceedings commenced on or after November 2, 2002, both the patent owner and the third party requester can participate in each other’s appeal to the Federal Circuit. According to MPEP 2683:
“The patent owner and the third party requester may each be a party to, i.e., participate in, each other’s appeal to the Federal Circuit from an inter partes reexamination decision of the Board (37 CFR 1.983(e)).”
To participate, a party must file a notice of election to participate within 14 days of service of the appellant’s notice of appeal or notice of cross appeal.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2683 - Appeal To Courts,
Patent Law,
Patent Procedure