What happens if a patent appeal brief is non-compliant?

If a patent appeal brief is found to be non-compliant with the requirements set forth in 37 CFR 41.37, several consequences may follow. According to MPEP 1205.02:

“A brief that is filed on or after January 23, 2012 that fails to comply with the requirements set forth in 37 CFR 41.37(c) shall be held to be non-compliant under 37 CFR 41.37(d).”

The process for handling non-compliant briefs typically involves:

• The Patent Appeal Center will consider the brief’s compliance with applicable rules.
• If the brief is found to be non-compliant, the appellant may be given a time period to file a corrected brief.
• Failure to correct the non-compliance may result in the appeal being dismissed.

It’s crucial for appellants to carefully review the requirements in 37 CFR 41.37 and ensure their brief meets all necessary criteria to avoid delays or potential dismissal of their appeal.

To learn more:

• non-compliant brief
• patent appeal
• MPEP 1205.02
• appeal brief requirements
• 37 CFR 41.37