What is the process for filing an appeal in inter partes reexamination?
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).
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2674 - Appeal In Inter Partes Reexamination,
Patent Law,
Patent Procedure