Can third-party requesters participate in appeals during ex parte reexamination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. No, third-party requesters cannot participate in appeals during ex parte reexamination. The MPEP 2273 explicitly states: “ A third party requester may not appeal, and may not participate in the patent owner’s appeal. ” This limitation is a key feature of ex parte reexamination proceedings, distinguishing them from inter partes reviews where third parties have more extensive participation rights. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Third Party Requester Cannot Appeal MPEP 2273 Prohibited Third Party Requester Cannot Appeal Patent Owner’s Decision MPEP 2273 Prohibited Patent Owner Can Appeal Only After Final Rejection in Ex Parte Reexamination Filing On Or After November 29, 1999 MPEP 2273 Patent Owner Can Appeal and Seek Review After Reexamination Decision MPEP 2273 Permitted Patent Owner Can Appeal Examiner Rejections MPEP 2273 Required Notice of Intent to Issue Ex Parte Reexamination Certificate MPEP 2273 Patent Owner May Appeal Only After Final Rejection in Ex Parte Reexamination MPEP 2273 Form PTOL-475 Used for Third Party Reexaminations MPEP 2273 Patent Owner Must Cure Appeal Defects Within One Month or Thirty Days, Whichever is Longer MPEP 2273 Normal Ex Parte Appeal Procedures Apply Except as Noted MPEP 2273 Other Related FAQs 5 FAQs Collapse Are there any restrictions on when a patent owner can appeal in ex parte reexamination? What are the consequences of not filing a timely notice of appeal in ex parte reexamination? What happens if a notice of appeal is defective in ex parte reexamination? What is the time limit for filing an appeal in ex parte reexamination? What is the process for filing a notice of appeal in ex parte reexamination?