What happens if I miss the deadline for filing an appeal brief in a patent application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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 you miss the deadline for filing an appeal brief in a patent application, your appeal may be dismissed. According to MPEP 1205.01 : “Failure to file the brief within the permissible time will result in dismissal of the appeal.” However, you may be able to file a petition to revive the application if the delay was unintentional. It’s crucial to file the appeal brief on time or seek an extension before the deadline to avoid potential dismissal. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Filing Appeal Brief Within Two Months MPEP 1205 Petition to Revive Abandoned Application MPEP 1205.01 Required Filing Appeal Brief Within Two Months MPEP 1205.01 Appellant Must File Appeal Brief Within Two Months MPEP 1205 Required No Dismissal for Unpaid Appeal Brief Fee When Free MPEP 1205.01 Extension Permitted for Appeal Brief Filing MPEP 1205.01 Permitted Petition Requires Appeal Brief Before Consideration MPEP 1205.01 Required Extension of Time for Appeal Brief Filing MPEP 1205.01 Free Appeal Brief Filing Fee MPEP 1205.01 Free Appeal Brief Filing Fee MPEP 1205.01 Other Related FAQs 5 FAQs Collapse What happens if an amendment is filed after a notice of appeal but before the appeal brief? How is the due date for an appeal brief calculated? What happens if an appeal brief is filed late in a patent application? What happens if an appeal brief is not filed within the required time? What is the difference between 37 CFR 1.136(a) and 37 CFR 1.136(b) for appeal brief extensions?