What are the options for a patent owner to appeal a decision of the Board in a reexamination proceeding?

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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. A patent owner who is not satisfied with the decision of the Board in a reexamination proceeding has limited options for appeal. According to MPEP 2279 , “The patent owner may appeal the decision of the Board only to the United States Court of Appeals for the Federal Circuit pursuant to 35 U.S.C. 141 .” This applies to reexamination proceedings filed on or after November 29, 1999, and commenced before September 16, 2012. For proceedings commenced on or after September 16, 2012, 35 U.S.C. 141(b) similarly provides for appeal only to the United States Court of Appeals for the Federal Circuit. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patent Owner Appeal to Federal Circuit Only MPEP 2279 Permitted Patent Owner Can Seek Judicial Review of Board Decision MPEP 2279 Permitted Reexamination Appeal to Federal Circuit After September 16, 2012 MPEP 2279 Reexamination Appeal Must Go to Federal Circuit MPEP 2279 Third Party Cannot Seek Judicial Review of Ex Parte Reexamination MPEP 2279 Interference Commenced Before September 16, 2012 Can Be Dismissed Without Prejudice to Post-Grant Review Petition MPEP 1002.02(f) Third Party Requester Cannot Seek Judicial Review After Ex Parte Reexamination MPEP 2279 Prohibited Petitions for Appeal of Ex Parte Reexamination Before PTAB Transfer MPEP 1002.02(c) Appeal of Reexamination Decisions Filed After November 29, 1999 MPEP 2279 Third Party Requester Can Intervene in Court Review MPEP 2279 Permitted Other Related FAQs 5 FAQs Collapse What is the legal basis for appeals in patent reexamination proceedings? Can a third party requester appeal a decision in an ex parte reexamination? Can a third party requester intervene in court revi...