Can a patentability decision favoring the patentee be reviewed in ex parte reexamination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. No, a patentability decision favoring the patentee cannot be reviewed in ex parte reexamination. The MPEP 2273 clearly states: “ The reexamination statute does not provide for review of a patentability decision favoring the patentee. ” This principle is supported by case law, specifically “ Greenwood v. Seiko Instruments, 8 USPQ2d 1455 (D.D.C. 1988) .” This limitation is an important aspect of ex parte reexamination proceedings, emphasizing that the process is primarily focused on reviewing decisions adverse to patentability rather than those in favor of the patent owner. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse No Review of Favorable Patentability Decision MPEP 2273 Patent Owner Can Appeal and Seek Review After Reexamination Decision MPEP 2273 Permitted Patent Owner Can Appeal Examiner Rejections MPEP 2273 Required Patent Owner Can Appeal Only After Final Rejection in Ex Parte Reexamination Filing On Or After November 29, 1999 MPEP 2273 Notice of Intent to Issue Ex Parte Reexamination Certificate MPEP 2273 Patent Owner May Appeal Only After Final Rejection in Ex Parte Reexamination MPEP 2273 Appeal Not Available for Favorable Patentability Decision MPEP 2273 Patent Owner Must Cure Appeal Defects Within One Month or Thirty Days, Whichever is Longer MPEP 2273 Normal Ex Parte Appeal Procedures Apply Except as Noted MPEP 2273 Defective Appeal Not to Extend Time MPEP 2273 Prohibited Other Related FAQs 5 FAQs Collapse Are there any restrictions on when a patent owner can appeal in ex parte reexamination? What are the consequences of not filing a timely notice of appeal in ex parte reexamination? What happens if a notice of appeal is defective in ex parte reexa...