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 important to note that while third party requesters cannot directly appeal, courts have allowed their intervention in certain circumstances. As the MPEP explains: “While the reexamination statutory provisions do not provide for participation by any third party requester during any court review, the courts have permitted intervention by a third party requester in appropriate circumstances.”

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Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2279 - Appeal To Courts, Patent Law, Patent Procedure
Tags: ex parte reexamination, Intervention, judicial review, patent law, Third Party Requester