What is the process for requesting a rehearing of a Board decision?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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.
According to MPEP 1214.03, an appellant may file a single request for rehearing within two months of the date of the original decision of the Board. The request must:
- State with particularity the points believed to have been misapprehended or overlooked by the Board
- Not include arguments not raised or evidence not previously relied upon in the appeal briefs, except in specific circumstances
The MPEP states: “The request for rehearing must state with particularity the points believed to have been misapprehended or overlooked by the Board.” This emphasizes the importance of focusing on specific issues rather than simply rearguing the entire case.