What is the timeframe for appealing a Board decision to the Federal Circuit in an inter partes reexamination?

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 timeframe for appealing a Board decision to the U.S. Court of Appeals for the Federal Circuit in an inter partes reexamination is clearly defined in MPEP 2662:

The time for the patent owner and/or the third party requester to file a notice of appeal to the U.S. Court of Appeals for the Federal Circuit is two months from the date of the Board decision. If a timely request for rehearing (37 CFR 41.79) is filed, the time for the patent owner and/or the third party requester to file a notice of appeal to the Federal Circuit is two months from final Board action on the request for rehearing. 37 CFR 1.304(a)(1).

Key points to remember:

• The standard appeal period is two months from the date of the Board decision.
• If a request for rehearing is filed, the two-month period starts from the final Board action on that request.
• The appeal must be made to the U.S. Court of Appeals for the Federal Circuit.

It’s crucial to adhere to these deadlines, as failing to file a timely notice of appeal may result in the loss of appeal rights. Parties should also be aware of the procedures for requesting a rehearing, as this can affect the timeline for appealing to the Federal Circuit.