Can a patentability decision favoring the patentee be reviewed in ex parte reexamination?
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.
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Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2273 - Appeal In Ex Parte Reexamination,
Patent Law,
Patent Procedure