My reasoning behind 30 days was based on the fact that although the PTAB's decision not to institute cannot be appealed, the petitioner(s) can still challenge the PTAB's decision by requesting a rehearing under 37 C.F.R. § 42.71(d). The rehearing request must be filed within 30 days of the PTAB's decision not to institute IPR for which no prior authorization from the PTAB is needed.
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