What are the options for a patent owner to appeal a decision of the Board in a reexamination proceeding?
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.
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Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2279 - Appeal To Courts,
Patent Law,
Patent Procedure