What happens if an appellant brief does not comply with all requirements?

If an appellant brief does not comply with all requirements set forth in 37 CFR 41.67(a) and (c), the following process occurs:

1. The appellant will be notified of the defect(s).
2. The appellant will be given a non-extendable period of one month to file an amended brief to correct the defect(s).

As stated in the MPEP: “Pursuant to 37 CFR 41.67(d), if a brief is filed which does not comply with all the requirements of 37 CFR 41.67(a) and (c), appellant will be notified and given a nonextendable period of one month within which to file an amended brief to correct the defect(s).”

It’s crucial to note that failure to timely file the appellant brief and fee, or to correct defects in the amended brief, may result in dismissal of the appeal.

To learn more:

• appellant brief
• compliance
• patent appeal
• brief requirements