How can I request an oral hearing before the Board in an inter partes reexamination appeal?

To request an oral hearing before the Board in an inter partes reexamination appeal, you must follow specific procedures and timing requirements. According to MPEP 2662:

If an appellant or a respondent (who has filed a respondent brief) desires an oral hearing by the Board, he or she must file a written request for an oral 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. The time for filing a request for oral hearing may not be extended. 37 CFR 41.73(b).

Key points to remember:

  • The request must be in writing.
  • It must be accompanied by the required fee.
  • The deadline is two months after the date of the examiner’s answer.
  • This deadline cannot be extended.

It’s important to note that only appellants or respondents who have filed a respondent brief are eligible to request an oral hearing. Failing to meet these requirements or the deadline may result in the loss of the opportunity for an oral hearing before the Board.

To learn more:

Topics: MPEP 2600 - Optional Inter Partes Reexamination, MPEP 2662 - Time For Response And Comments, Patent Law, Patent Procedure
Tags: Board Appeal, inter partes reexamination, oral hearing, patent procedure