What happens if an appeal brief is filed late in a patent application?
If an appeal brief is filed late in a patent application, the following may occur:
- The appeal may be dismissed by the Patent Trial and Appeal Board (PTAB).
- The applicant may need to file a petition to revive if the application is abandoned.
- A petition for an extension of time may be required, subject to fees.
According to MPEP 1205.01: “If an appellant fails to timely file an appeal brief and no request for an extension of time is timely filed, the appeal will stand dismissed.”
It’s crucial to adhere to the filing deadlines to avoid potential dismissal of the appeal or abandonment of the application.
To learn more: