Can the decision on a petition for inter partes reexamination be appealed?
No, the decision on a petition for inter partes reexamination cannot be appealed. According to MPEP 2648:
“This decision is final and nonappealable. See 35 U.S.C. 312(c) and 37 CFR 1.927. No further communication on this matter will be acknowledged or considered.”
This means that once the CRU Director has made a decision on the petition, it is final and there is no further recourse for appeal within the USPTO.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2648 - Petition From Denial Of Request,
Patent Law,
Patent Procedure