How are premature appeals handled in inter partes reexamination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 5 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. 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. Related Rules from the Manual of Patent Examining Procedure 5 rules Collapse Inter Partes Reexamination Not Acceptable After September 16, 2012 MPEP 2667 Requests for Inter Partes Reexamination Not Accepted After September 16, 2012 MPEP 2667 Reexamination Requests Prohibited After September 16, 2012 MPEP 1400.01 Permitted Notice of Allowance Not Withheld Due to Inventor Death If Executor or Administrator Has Not Intervened MPEP 1303.03 Components Required for Patent Application Publication MPEP 1121 Other Related FAQs 5 FAQs Collapse What types of third party submissions are allowed in inter partes reexamination? What happens to late-filed papers in inter partes reexamination? What are the page limit requirements for submissions in inter partes reexamination? How are premature responses by patent owners handled in inter partes reexamination? How are premature comments by third party requesters handled in inter partes reexamination?