Who can appeal a decision in an inter partes reexamination proceeding to the Federal Circuit?
For inter partes reexamination proceedings commenced on or after November 2, 2002, both the patent owner and the third party requester can appeal a decision of the Patent Trial and Appeal Board (PTAB) to the U.S. Court of Appeals for the Federal Circuit. This is stated in MPEP 2683:
“A patent owner and/or a third party requester in an inter partes reexamination proceeding who is a party to an appeal to the Board and who is dissatisfied with the decision of the Board may, subject to 37 CFR 41.81, appeal to the Federal Circuit.”
However, for proceedings commenced before November 2, 2002, only the patent owner can appeal to the Federal Circuit.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2683 - Appeal To Courts,
Patent Law,
Patent Procedure