What is the process for filing an appeal in inter partes reexamination?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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 process for filing an appeal in inter partes reexamination begins after a Right of Appeal Notice (RAN) has been issued. According to MPEP 2674:

“Once a RAN has been issued, the patent owner and any third party requester will have, in accordance with 37 CFR 1.953, a time period of one month or thirty days (whichever is longer) to file a notice of appeal (with the fee set forth in 37 CFR 41.20(b)(1)).”

It’s important to note that this time period cannot be extended. If no party files a timely notice of appeal, the reexamination proceeding will be terminated, and the examiner will issue a Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC).

Topics: MPEP 2600 - Optional Inter Partes Reexamination MPEP 2674 - Appeal In Inter Partes Reexamination Patent Law Patent Procedure
Tags: Appeal Process, inter partes reexamination, Notice Of Appeal, Right Of Appeal Notice