What are the time limits for filing an appeal brief in ex parte reexamination?
The time limit for filing an appeal brief in ex parte reexamination is two months from the date of the appeal. As stated in the MPEP: “The time for filing the appeal brief is two (2) months from the date of the appeal.” This time limit is important for patent owners to ensure their appeal…
Read MoreHow can a patent owner seek review of a Substantial New Question of Patentability (SNQ) determination?
A patent owner can seek review of a Substantial New Question of Patentability (SNQ) determination before the Board along with an appeal of the examiner’s rejections. The MPEP outlines the process: “To obtain review of the SNQ issue, patent owner must include the SNQ issue and the appropriate arguments in its appeal brief to the…
Read MoreWhat are the key requirements for an appeal brief in ex parte reexamination?
An appeal brief in ex parte reexamination must meet several key requirements, as outlined in the MPEP: A fee as set forth in 37 CFR 41.20(b)(2) is required. The brief must include authorities and arguments on which the appellant will rely. A summary of claimed subject matter, referring to the specification by page and line…
Read MoreCan the time for filing an appeal brief be extended in ex parte reexamination?
Yes, the time for filing an appeal brief in ex parte reexamination can be extended under certain circumstances. The MPEP states: “In the event that the patent owner finds that he or she is unable to file a brief within the time allowed by the rules, he or she may file a request with the…
Read MoreWho determines if an appeal brief is compliant in ex parte reexamination?
Since May 25, 2010, the Patent Trial and Appeal Board (Board) has the sole responsibility for determining whether appeal briefs filed in ex parte reexamination proceedings comply with 37 CFR 41.37. The MPEP states: “The Board also has the sole responsibility for determining whether corrected briefs comply with 37 CFR 41.37, and addresses any inquiries…
Read MoreWhat happens if an appeal brief is not timely filed in ex parte reexamination?
If an appeal brief is not timely filed in ex parte reexamination, the appeal will be dismissed. The MPEP clearly states: “Failure to file the brief and/or the appeal brief fee within the permissible time will result in dismissal of the appeal.” After dismissal, the reexamination prosecution is terminated, and a Notice of Intent to…
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