What are the timeframes for filing briefs in an inter partes reexamination appeal?

The timeframes for filing briefs in an inter partes reexamination appeal are specific and cannot be extended. According to MPEP 2662:

1. Appellant Brief: Each party that filed a notice of appeal or notice of cross appeal may file an appellant brief and fee within two months after the last-filed notice of appeal or cross appeal. (37 CFR 41.66(a))
2. Respondent Brief: Once an appellant brief has been properly filed, an opposing party may file a respondent brief and fee within one month from the date of service of the appellant brief. (37 CFR 41.66(b))
3. Rebuttal Brief: A third-party requester appellant and/or a patent owner appellant may each file a rebuttal brief within one month of the date of the examiner’s answer. (37 CFR 41.66(d))

It’s important to note that The times for filing appellant and respondent briefs may not be extended. This strict adherence to deadlines is crucial in the appeal process. If a brief is found to be non-compliant, the party has a non-extendable period of one month from the date of the Office letter notifying them of the non-compliance to file an amended brief.

To learn more:

• inter partes reexamination
• appeal briefs
• appellant brief
• respondent brief
• rebuttal brief