What happens if a respondent brief does not comply with the requirements?

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.

If a respondent brief fails to meet the requirements set forth in 37 CFR 41.68(a) and (b), the following process occurs:

1. The respondent will be notified of the non-compliance reasons.
2. The respondent will be given a non-extendable time period to file an amended brief.
3. If the respondent fails to file an amended brief within the set time period, or if the amended brief doesn’t address all non-compliance issues, the brief (and any amended version) will not be considered.

The MPEP states: “If a respondent brief is filed which does not comply with all the requirements of paragraph (a) and paragraph (b) of this section, respondent will be notified of the reasons for non-compliance and given a non-extendable time period within which to file an amended brief.” (37 CFR 41.68(c))

It’s crucial to ensure full compliance to avoid the risk of having your brief disregarded in the proceedings.