What are ex parte questions in patent cases before the Federal Circuit?
Ex parte questions in patent cases before the Court of Appeals for the Federal Circuit refer to issues or matters that involve only one party, typically the patent applicant or patent owner. According to MPEP 1002.02(k)(3), the Solicitor decides on “Petitions relating to ex parte questions in cases before the Court of Appeals for the Federal Circuit.“
These questions may arise during appeals of USPTO decisions to the Federal Circuit, where the applicant is challenging a patent examiner’s rejection or a Patent Trial and Appeal Board (PTAB) decision. Ex parte matters are distinct from inter partes cases, which involve multiple parties in dispute.
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