What 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…
Read MoreWhat happens if I miss the deadline for filing an appeal brief in a patent application?
If you miss the deadline for filing an appeal brief in a patent application, your appeal may be dismissed. According to MPEP 1205.01: “Failure to file the brief within the permissible time will result in dismissal of the appeal.” However, you may be able to file a petition to revive the application if the delay…
Read MoreWhat happens if an appeal brief is filed late in a patent application?
If an appeal brief is filed late in a patent application, the following may occur: The appeal may be dismissed by the Patent Trial and Appeal Board (PTAB). The applicant may need to file a petition to revive if the application is abandoned. A petition for an extension of time may be required, subject to…
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