How can I request an extension for filing an appeal brief?
To request an extension for filing an appeal brief in a patent application:
- File a petition for an extension of time under 37 CFR 1.136(a).
- Submit the petition before the expiration of the original time period.
- Pay the required fee for the extension.
MPEP 1205.01 states: “Extensions of time under 37 CFR 1.136(a) for patent applications are not applicable to the time period set in 37 CFR 41.37(a) for filing an appeal brief. However, an extension of time may be granted under 37 CFR 1.136(b) for filing an appeal brief after the time period set in 37 CFR 41.37(a).”
It’s important to note that extensions under 37 CFR 1.136(b) are granted only for sufficient cause and must be filed on petition.
To learn more: