How does the Pre-Appeal Brief Review process work?

The Pre-Appeal Brief Review process involves the following steps:

1. Upon receipt of a properly filed request, a supervisor designates a panel of reviewers.
2. The panel includes at least a supervisor and the examiner of record.
3. The panel reviews the appellant’s remarks and the examiner’s rejections.
4. The review is conducted without the appellant’s presence, and no interviews are granted before the decision.
5. After the review, the Office mails a decision on the application’s status.

According to the MPEP: Upon receipt of a properly filed request, a supervisor will designate a panel of appropriate reviewers to review the appellant’s remarks and the examiner’s rejections. The panel will include at least a supervisor and the examiner of record and will have the authority to reopen prosecution if appropriate.

The decision will state one of four outcomes: the application remains under appeal, prosecution is reopened, the application is allowed, or the request is dismissed for non-compliance.

To learn more:

• Pre-Appeal Brief Review
• Patent Appeal Process
• USPTO Review Panel
• Patent Examination