Can a third party requester participate in the appeal process of inter partes reexamination?
Can a third party requester participate in the appeal process of inter partes reexamination?
Yes, a third party requester can participate in the appeal process of inter partes reexamination. MPEP 2674 outlines the rights and limitations of the third party requester in the appeal process:
“The third party requester may file a respondent brief in any appeal taken by the patent owner. Additionally, the third party requester may appeal to the Board any final decision favorable to the patentability of any original or proposed amended or new claim of the patent.”
However, there are some limitations on the third party requester’s participation:
- The third party requester cannot appeal or cross appeal in a patent owner’s appeal of an action closing prosecution.
- The third party requester is limited to appealing final decisions favorable to patentability.
- The third party requester’s appeal options are subject to the same time limits as the patent owner’s.
It’s important to note that the third party requester’s participation in the appeal process is a unique feature of inter partes reexamination, distinguishing it from ex parte proceedings.
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