What happens if an inter partes reexamination request is denied?
If an inter partes reexamination request is denied, the requester has the option to seek review of the decision. The MPEP outlines this process:
“If a decision to deny an order for reexamination is made, the requester may seek review by a petition under 37 CFR 1.181. See 37 CFR 1.927.”
However, it’s important to note that the denial is considered a final decision, subject only to the petition process:
“It should be noted that a decision to deny the request for reexamination is equivalent to a final holding (subject only to a petition pursuant to 37 CFR 1.927 for review of the denial), that the request failed to raise ‘a substantial new question of patentability’ or provide a ‘reasonable likelihood that the requester will prevail’ based on the cited art (patents and printed publications).”
The requester has one month from the mailing date of the examiner’s determination to file a petition for review.
To learn more: