What is the process for requesting an oral hearing in an inter partes reexamination appeal?

What is the process for requesting an oral hearing in an inter partes reexamination appeal?

In inter partes reexamination appeals, parties have the option to request an oral hearing before the Board. The process for requesting an oral hearing is outlined in MPEP 2674:

“If an appellant or a respondent (the patent owner or the third party requester) desires an oral hearing, he or she must file a written request for such hearing accompanied by the fee set forth in 37 CFR 41.20(b)(3) within two months after the date of the examiner’s answer.“

Key points about requesting an oral hearing:

• The request must be in writing and accompanied by the required fee.
• The two-month deadline is strictly enforced and cannot be extended.
• If no request and fee are received, the appeal will be assigned for consideration and decision on the briefs without an oral hearing.

It’s important to note that oral hearings provide an opportunity for parties to present their arguments directly to the Board, but they are not mandatory for the appeal process.

To learn more:

• inter partes reexamination
• appeals
• oral hearing
• Board of Patent Appeals and Interferences