What is the legal basis for appeals in patent reexamination proceedings?

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 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.