What are the requirements for a proper appeal in ex parte reexamination?

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.

The requirements for a proper appeal in ex parte reexamination are similar to those in regular patent prosecution, with some specific considerations. According to MPEP 2273, “The normal ex parte appeal procedures set forth at 37 CFR 41.31 through 37 CFR 41.54 apply in ex parte reexamination, except as pointed out in this Chapter.” Key requirements include:

• Filing a notice of appeal within the required time period (usually 2 months from the final rejection)
• Paying the appeal fee as set forth in 37 CFR 41.20(b)(1)
• The notice of appeal need not be signed (37 CFR 41.31(b))

The MPEP also directs readers to “See MPEP § 1204 for a discussion of the requirements for a proper appeal.” It’s important to note that while the basic requirements are similar, there are some procedural differences specific to reexamination that must be considered.