What is the legal basis for appeals in patent reexamination proceedings?
The legal basis for appeals in patent reexamination proceedings is primarily found in U.S. statutes and has evolved over time. According to MPEP 2279:
1. For reexaminations filed on or after November 29, 1999, and commenced before September 16, 2012, the basis is “the version of 35 U.S.C. 141 and 35 U.S.C. 145 as they were amended by Public Law 106-113.”
2. For proceedings commenced on or after September 16, 2012, the basis is “35 U.S.C. 141(b), as further amended by Public Law 112-29.”
These statutes specifically provide for appeal of reexamination decisions to the United States Court of Appeals for the Federal Circuit.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2279 - Appeal To Courts,
Patent Law,
Patent Procedure