What are the time limits for filing an appellant brief in an inter partes reexamination?

The time limits for filing an appellant brief in an inter partes reexamination are specified in 37 CFR 41.66. The brief must be filed by the later of:

  • Two months from the date of the examiner’s answer
  • The time remaining in the maximum six-month time period set in MPEP § 2662 to file an appeal brief from the date when the notice of appeal was filed

It’s important to note that “The time for filing an appellant brief may not be extended.” (37 CFR 41.66(a))

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Topics: MPEP 2600 - Optional Inter Partes Reexamination, MPEP 2675 - Appellant Brief, Patent Law, Patent Procedure
Tags: Appellant Brief, inter partes reexamination, patent appeal, Time Limits