What is a Notice of Appeal in patent applications?
A Notice of Appeal is a formal document filed by an applicant who is dissatisfied with the primary examiner’s decision in the second or subsequent rejection of their claims. It allows the applicant to appeal to the Patent Trial and Appeal Board (PTAB) for review of the examiner’s rejection.
According to MPEP 1204, “Under 37 CFR 41.31(a)(1), an applicant for a patent dissatisfied with the primary examiner’s decision in the second or subsequent rejection of the applicant’s claims may appeal to the Board for review of the examiner’s rejection by filing a notice of appeal and the required fee set forth in 37 CFR 41.20(b)(1) within the time period provided under 37 CFR 1.134 and 1.136.” This means that once any claim has been rejected twice, the applicant can file a Notice of Appeal, regardless of whether the rejection is final or not.
To learn more: