What is the process for petitioning a denial of an inter partes reexamination request?

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 inter partes reexamination is denied, the third-party requester can petition for review. According to MPEP 2648:

“The third party 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 to order inter partes reexamination.”

This petition must comply with 37 CFR 1.181(b). If no petition is filed within the one-month period or if the decision on the petition affirms the denial, the determination becomes final and non-appealable.