Can I present new arguments or evidence during an oral hearing for a patent appeal?

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, you are limited to presenting arguments and evidence that have already been submitted in your brief or reply brief during an oral hearing. The MPEP states:

“At the oral hearing, appellant may only rely on Evidence that has been previously entered and considered by the primary examiner and present argument that has been relied upon in the brief or reply brief except as permitted by paragraph (e)(2) of this section.”

However, there is an exception:

“Upon a showing of good cause, appellant and/or the primary examiner may rely on a new argument based upon a recent relevant decision of either the Board or a Federal Court.”

This means that while you can’t introduce entirely new evidence or arguments, you may be able to present new arguments based on recent, relevant court or Board decisions if you can show good cause.