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.
Yes, in some situations, prosecution can be reopened after a Federal Circuit decision, but it requires special approval. According to MPEP 1216.01:
“In some situations it may be necessary to reopen prosecution of an application after a court decision. Any Office action proposing to reopen prosecution after a court decision must be forwarded to the Office of the Deputy Commissioner for Patent Examination Policy for written approval, which will be indicated on the Office action.”
This process ensures that reopening prosecution after a court decision is carefully considered and approved at a high level within the USPTO.