What are the consequences of failing to respond to a PTAB request for additional briefing?
Failing to respond to a Patent Trial and Appeal Board (PTAB) request for additional briefing can have serious consequences. According to MPEP 1212:
“Failure to timely comply with the order may result in the sua sponte dismissal of the appeal.“
This means that if an appellant does not provide the requested additional information within the specified time frame, the PTAB has the authority to dismiss the appeal on its own initiative, without a request from either party. It’s crucial for appellants to take these requests seriously and respond promptly to avoid potentially losing their appeal rights.
To learn more: