How does the Pre-Appeal Brief Review affect the timeline for filing an appeal brief?

The Pre-Appeal Brief Review can affect the timeline for filing an appeal brief in several ways:

1. If a panel decision is issued, the MPEP states: After a panel decision, the time period for filing an appeal brief will be reset to be one month from the mailing of the decision on the request, or the balance of the two-month time period running from the receipt of the notice of appeal, whichever greater.
2. This time period is extendible under 37 CFR 1.136.
3. The MPEP also notes: For as long as this pilot program remains in effect, submission of a pre-appeal review request may extend the period for filing an appeal brief until a decision is made on the request or the request is otherwise dismissed.

Essentially, filing a Pre-Appeal Brief Review Request can provide additional time before an appeal brief must be filed, either by resetting the clock after a decision or by extending the period until a decision is made.

To learn more:

• Pre-Appeal Brief Review
• Patent Appeal Timeline
• USPTO Deadlines
• Patent Examination