What happens if a Pre-Appeal Brief Request is not proper?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. If a Pre-Appeal Brief Request is not proper, the Office will notify the applicant. According to the MPEP, If a request is not proper, the Office will notify the applicant of the deficiency by issuing a notice. ( MPEP 1204.02 ) Specifically: The applicant will be given a non-extendable period of one month or thirty days from the mailing of the notice, whichever is longer, to correct the deficiency. If the deficiency is not corrected within the time period given, the appeal will proceed without a pre-appeal brief conference. It’s important to ensure that your Pre-Appeal Brief Request meets all the requirements to avoid delays in the process. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Filing Appeal Brief After Panel Decision MPEP 1204.02 Notice of Appeal and Pre-Appeal Brief Review Requirements MPEP 1204.02 Required No Extensions for Pre-Appeal Brief Review Requests MPEP 1204.02 Filing Appeal Brief Within Two Months MPEP 1204 Required Patent Appeal Center Reviews Notice of Appeal MPEP 1204 Extendible Time for Appeal Brief Filing MPEP 1204.02 Filing Appeal Brief as Notice of Appeal MPEP 1204 Request for Pre-Appeal Brief Review Must Accompany Notice of Appeal MPEP 1204.02 Required Use Form PTO/AIA/33 for Pre-Appeal Brief Review Requests MPEP 1204.02 Permitted Limit on Pre-Appeal Brief Review Request Length MPEP 1204.02 Prohibited Other Related FAQs 5 FAQs Collapse What happens if a Pre-Appeal Brief Request is not timely filed? Can new arguments be presented in a Pre-Appeal Brief Request? What are the possible outcomes of a Pre-Appeal Brief Conference? How does the Pre-Appeal Brief Review affect the time for filing an Appeal Brief? Can I withdraw my Pre-Appeal Br...