What are the requirements for filing a Pre-Appeal Brief Review Request?

To file a Pre-Appeal Brief Review Request, applicants must meet several requirements:

  • File a notice of appeal in compliance with 37 CFR 41.31
  • Submit the request with the notice of appeal and before filing an appeal brief
  • Use Form PTO/AIA/33, “Pre-Appeal Brief Request for Review” (optional)
  • Include arguments in a separate paper titled “Pre-Appeal Brief Request for Review”
  • Limit the request to five total pages
  • Provide succinct, concise, and focused arguments
  • Address only appealable matters, not petitionable issues

The MPEP states: The request must be accompanied by arguments in a separate paper entitled, “Pre-Appeal Brief Request for Review”. The request, not including Form PTO/AIA/33, may not exceed five (5) total pages and should provide a succinct, concise and focused set of arguments for which the review is being requested.

It’s important to note that after-final amendments cannot accompany the request, and non-compliant requests will be dismissed.

To learn more:

Tags: patent appeal, patent procedure, pre-appeal brief review, USPTO requirements