What is the ‘real party in interest’ in a patent appeal brief?
The ‘real party in interest’ is a required component of a patent appeal brief, as specified in MPEP 1205.02. It refers to the actual entity that owns the rights to the patent application. According to the MPEP: “A statement identifying by name the real party in interest at the time the appeal brief is filed,…
Read MoreWhere can I find the official requirements for appeal briefs in patent applications?
The official requirements for appeal briefs in patent applications, including reissue applications, can be found in two main sources: Code of Federal Regulations: 37 CFR 41.37 provides the regulatory requirements for appeal briefs. Manual of Patent Examining Procedure (MPEP): MPEP § 1205 offers detailed guidance on appeal brief requirements. As stated in MPEP 1454: “The…
Read MoreWhat happens if a patent appeal brief is non-compliant?
If a patent appeal brief is found to be non-compliant with the requirements set forth in 37 CFR 41.37, several consequences may follow. According to MPEP 1205.02: “A brief that is filed on or after January 23, 2012 that fails to comply with the requirements set forth in 37 CFR 41.37(c) shall be held to…
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