How do I request an oral hearing for an inter partes reexamination appeal?

To request an oral hearing for an inter partes reexamination appeal, you must:

  • File a written request as a separate paper captioned “REQUEST FOR ORAL HEARING”
  • Submit the request within two months after the date of the examiner’s answer
  • Pay the fee set forth in 37 CFR 41.20(b)(3)
  • Include a certification that a copy of the request has been served on all other parties

As stated in MPEP 2680: “If an appellant or a respondent desires an oral hearing, he or she must file, as a separate paper captioned ‘REQUEST FOR ORAL HEARING,’ a written request for such hearing accompanied by the fee set forth in § 41.20(b)(3) within two months after the date of the examiner’s answer.”

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Topics: MPEP 2600 - Optional Inter Partes Reexamination, MPEP 2680 - Oral Hearing, Patent Law, Patent Procedure
Tags: appeal, inter partes reexamination, oral hearing, patent procedure