Can an appellant request multiple rehearings?

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.

Generally, an appellant is limited to a single request for rehearing. However, there is a specific exception to this rule. According to MPEP 1214.03:

“No request for rehearing from a decision on rehearing will be permitted, unless the rehearing decision so modified the original decision as to become, in effect, a new decision, and the Board states that a second request for rehearing would be permitted.”

This means:

• Typically, only one request for rehearing is allowed.
• A second request may be permitted only if:
• The decision on the first rehearing significantly modifies the original decision, essentially creating a new decision.
• The Board explicitly states in its decision that a second request for rehearing would be permitted.

This restriction helps to prevent endless cycles of rehearing requests and ensures that the appeal process moves forward efficiently.