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

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.

To learn more:

• Federal Circuit appeal
• inter partes reexamination
• Board decision
• appeal deadline