What is the deadline for filing a notice of appeal in an inter partes 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 deadline for filing a notice of appeal in an inter partes reexamination is strictly defined. According to MPEP 2662:

After the examiner issues a Right of Appeal Notice (RAN), the patent owner and the third party requester may each file a notice of appeal within 30 days or one month (whichever is longer) from the mailing date of the RAN. 37 CFR 1.953(c). The time for filing a notice of appeal cannot be extended. 37 CFR 41.61(e).

It’s crucial to note that this deadline cannot be extended. Failure to file a notice of appeal within this timeframe may result in the loss of appeal rights. However, there is a provision for cross-appeals:

• A patent owner who hasn’t filed a timely notice of appeal can file a notice of cross-appeal within 14 days of service of a third party requester’s notice of appeal.
• Similarly, a third party requester who hasn’t filed a timely notice of appeal can file a notice of cross-appeal within 14 days of service of a patent owner’s notice of appeal.

These cross-appeal deadlines also cannot be extended.