What happens if a notice of appeal is filed but no appeal brief is submitted?

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 notice of appeal is filed but no appeal brief is submitted, the application may be considered abandoned. According to MPEP 711.04(a):

‘If a notice of appeal is filed, but no appeal brief is filed within the time allowed by 37 CFR 41.37 (and no request for extension of time is granted), the appeal will stand dismissed by operation of the rule, but the application does not become abandoned until the date the appeal brief was due.’

This means that:

• The application becomes abandoned on the date the appeal brief was due.
• The appeal is dismissed automatically if no brief is filed within the allowed time.
• If an extension of time is granted but not used to file the brief, abandonment occurs on the extended due date.

It’s crucial for applicants to be aware of these deadlines to prevent unintentional abandonment of their application.