Under what circumstances can a patent appeal be dismissed?

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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. A patent appeal can be dismissed under various circumstances, including: Failure to file a timely appeal brief Submission of an incomplete or non-compliant appeal brief Lack of jurisdiction by the Patent Trial and Appeal Board (PTAB) Failure to respond to a requirement or order from the PTAB Abandonment of the application The specific reasons for dismissal are outlined in MPEP 1215 . It’s crucial for appellants to adhere to all procedural requirements and deadlines to avoid dismissal of their appeal. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse RCE Requires Incorporating Previous Appeal Brief MPEP 1215.01 Appellant Must Respond to Substitute Examiner's Answer Within 2 Months MPEP 1215.03 Permitted Effective Abandonment Date Determined by Official Recognition MPEP 1215.01 Application Returned to Examiner on Appeal Withdrawal Before Board Transfer MPEP 1215.01 Permitted Board Handles Appeal Withdrawal After Transfer MPEP 1215.01 RCE Requirement for Withdrawal of Appeal MPEP 1215.01 Permitted RCE Not Applicable to Pre-1995 Utility/Plant Patents, Designs, or Reexaminations MPEP 1215.01 RCE Without Fee or Submission Treats as Appeal Withdrawal MPEP 1215.01 Requirement for Proper RCE Filing to Avoid Abandonment MPEP 1215.01 Recommended Appellant May Request Reopening Prosecution After Appeal MPEP 1215.01 Permitted Other Related FAQs 5 FAQs Collapse What are the consequences of failing to file an appeal brief within the specified time period? Does withdrawing an appeal abandon the entire patent application? What is the difference between withdrawing an appeal and abandoning an application? What are the consequences of withdrawing a patent appeal? What authority does...