What options does a patent owner have if they disagree with a final rejection in reexamination?
If a patent owner disagrees with a final rejection in reexamination, they have several options:
- File a petition under 37 CFR 1.181 requesting that the final rejection be withdrawn and prosecution be reopened.
- File a petition under 37 CFR 1.181 requesting entry of an amendment that was refused by the examiner.
- File a notice of appeal.
The MPEP states: The petition under 37 CFR 1.181 must be filed within the time period for filing a notice of appeal. Note that the filing of a petition under 37 CFR 1.181 does not toll the time period for filing a notice of appeal.
It’s important for patent owners to carefully consider their options and act within the specified time periods to preserve their rights.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2272 - After Final Practice,
Patent Law,
Patent Procedure