What is the process for petitioning a denial of an ex parte reexamination request?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. If a request for ex parte reexamination under 35 U.S.C. 302 is denied, the requester can petition for review. According to MPEP 2248 : “The requester may seek review by a petition to the Director under § 1.181 within one month of the mailing date of the examiner’s determination refusing ex parte reexamination. Any such petition must comply with § 1.181(b).” The Central Reexamination Unit (CRU) Director will conduct a de novo review of the examiner’s determination. If the petition is not filed within one month, the reexamination file is processed as concluded. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Petition for Review of Examiner’s Determination Refusing Reexamination MPEP 2248 Petition Seeking Review Must Be Filed Within One Month MPEP 2248 Petition for Review of Partial Reexamination Grant MPEP 2248 Permitted Petition for Review of Reexamination Determination MPEP 2248 Requester Must Petition Director Within One Month MPEP 2248 Permitted Decision on Petition Under 37 CFR 1.515(c) Is Final and Not Appealable MPEP 2248 Petition to Challenge Refusal of Reexamination MPEP 2248 Permitted Final and Nonappealable Decision on Ex Parte Reexamination MPEP 2248 Third Party Can Reconsider Non-SHQ Claim MPEP 2248 Permitted Two-Month Period for Reexamination Assignment MPEP 2248 Recommended Other Related FAQs 5 FAQs Collapse Can the decision on a petition from denial of reexamination be appealed? What happens if a petition for reexamination is granted after initial denial? Can you petition a partial grant of a reexamination request? What is the time limit for filing a petition after denial of reexamination? Are refunds available for ex parte reexamination fees?