How are premature appeals handled in inter partes reexamination?
Premature appeals in inter partes reexamination are not considered but are retained in the file. According to MPEP 2667:
“Where a notice of appeal or notice of cross appeal is filed before a Right of Appeal Notice (RAN) has been issued, the paper will be retained in the file, but will not be considered (other than to inform the parties that the appeal is not acceptable).”
This applies to both patent owners and third party requesters. The premature appeal will be kept in the record, but it will not be processed as a valid appeal. This is based on 37 CFR 41.61, which specifies when an appeal can be filed in inter partes reexamination.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2667 - Handling Of Inappropriate Or Untimely Filed Papers,
Patent Law,
Patent Procedure