How do I request an oral hearing for an inter partes reexamination appeal?
To request an oral hearing for an inter partes reexamination appeal, you must: File a written request as a separate paper captioned “REQUEST FOR ORAL HEARING” Submit the request within two months after the date of the examiner’s answer Pay the fee set forth in 37 CFR 41.20(b)(3) Include a certification that a copy of…
Read MoreAre oral hearings in inter partes reexamination appeals open to the public?
Generally, oral hearings in inter partes reexamination appeals are open to the public as observers, subject to the Board’s admittance procedures. However, there is a process by which a hearing can be closed to the public. According to MPEP 2680: “Where the appeal involves reexamination proceedings, oral hearings are open to the public as observers…
Read MoreCan the time for requesting an oral hearing be extended?
No, the time for requesting an oral hearing cannot be extended. MPEP 2680 clearly states: “The time for requesting an oral hearing may not be extended.” This means that the two-month deadline after the date of the examiner’s answer is strict and cannot be prolonged. To learn more: oral hearing deadline extension inter partes reexamination
Read MoreHow long is the oral argument in an inter partes reexamination appeal hearing?
The duration of oral arguments in an inter partes reexamination appeal hearing is typically limited to thirty minutes for each appellant or respondent who has requested an oral hearing, and twenty minutes for the primary examiner. However, this time allocation can be adjusted by order. According to MPEP 2680: “A hearing will be held as…
Read MoreWhat happens if no request for oral hearing is filed?
If no request and fee for an oral hearing are timely filed by the appellant or respondent, the appeal will be decided based on the briefs without an oral hearing. MPEP 2680 states: “If no request and fee for oral hearing have been timely filed by appellant or respondent as required by paragraph (b) of…
Read MoreCan new arguments be presented during an oral hearing?
Generally, new arguments cannot be presented during an oral hearing. Participants are limited to evidence and arguments previously considered by the primary examiner and presented in the briefs. However, there is an exception for new arguments based on recent relevant decisions. MPEP 2680 states: “At the oral hearing, each appellant and respondent may only rely…
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