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

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

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.

To learn more:

Tags: patent appeal, pre-appeal brief request, USPTO procedure