How do I request an oral hearing for a patent appeal?

To request an oral hearing for a patent appeal, you must:

  • File a separate paper captioned “REQUEST FOR ORAL HEARING”
  • Submit the request within two months from the date of the examiner’s answer or the date of filing a reply brief, whichever is earlier
  • Include the appropriate fee as set forth in 37 CFR 41.20(b)(3)

As stated in the MPEP: “37 CFR 41.47(b) provides that an appellant who desires an oral hearing before the Board must request the hearing by filing, in a separate paper captioned ‘REQUEST FOR ORAL HEARING,’ a written request therefor, accompanied by the appropriate fee set forth in 37 CFR 41.20(b)(3), within 2 months after the date of the examiner’s answer or the date of filing of a reply brief, whichever is earlier.”

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Tags: oral hearing, patent appeal, Ptab, USPTO