How do I request an extension for filing an appeal brief in a patent application?

To request an extension for filing an appeal brief in a patent application, you need to follow these steps:

  1. File a written request for an extension of time.
  2. Submit the request before the expiration of the original time period.
  3. Pay the required fee.

According to MPEP 1205.01:

“Extensions of time under 37 CFR 1.136(a) for patent applications are not applicable to the time period set in 37 CFR 41.37(a) for filing an appeal brief. See 37 CFR 1.136(b). However, an extension of time under 37 CFR 1.136(b) may be granted for filing an appeal brief after the time period set in 37 CFR 41.37(a).”

It’s important to note that extensions under 37 CFR 1.136(b) are granted only for sufficient cause and must be filed on or before the expiry of the original time period.

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Tags: Appeal Brief, extension request, Time Extension