How can an appellant request a closed oral hearing in a patent reexamination appeal?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
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.
To request a closed oral hearing in a patent reexamination appeal, the appellant must follow a specific process outlined in MPEP 2276:
- File a petition under 37 CFR 41.3 requesting that the hearing not be open to the public
- Present sufficient reasons to justify the closed hearing
- Pay the petition fee set forth in 37 CFR 41.20(a)
- Wait for the petition to be granted
It’s important to note that filing a petition does not guarantee a closed hearing. The USPTO will evaluate the reasons provided and make a determination based on the merits of the request.
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents
MPEP 2276 - Oral Hearing
Patent Law
Patent Procedure