Can prosecution be reopened after a Federal Circuit decision?
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.
To learn more: