Final Rules on Inter Partes Reexamination and BPAI Appeals

On December 22, 2003, the USPTO issued a final rule to implement changes to the inter partes reexamination process for patents as well as other technical amendment pursuant to statutory amendments mandates.  Under the revisions, a third-party requester of inter partes reexamination is granted the right to appeal adverse decision of the BPAI to the Federal Circuit.  It will also allow the patent owner to be a party to an appeal by the third-party requester.  The PTO notice can be found at, this notice being published in the December 22, 2003 Federal Register (68 Fed. Reg. 70996).


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