What is the ‘summary of claimed subject matter’ in a patent appeal brief?
The ‘summary of claimed subject matter’ is a required component of a patent appeal brief, as outlined in MPEP 1205.02. According to the MPEP, it should include: “A concise explanation of the subject matter defined in each of the rejected independent claims, which shall refer to the specification in the Record by page and line…
Read MoreWhat 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 MoreHow should arguments be presented in a patent appeal brief?
According to MPEP 1205.02, arguments in a patent appeal brief should be presented as follows: Each ground of rejection must be argued under a separate heading that clearly identifies the ground of rejection being contested. For each ground of rejection applying to two or more claims, the claims may be argued separately, as a group,…
Read MoreCan new evidence be included in a patent appeal brief?
No, new evidence cannot be included in a patent appeal brief. MPEP 1205.02 clearly states: “37 CFR 41.37(c)(2) prohibits the inclusion in a brief of any new or non-admitted amendment, affidavit or other evidence.” If an appellant wishes to have new evidence considered, they must follow a different process: The appellant must seek review of…
Read MoreWhat happens if an appeal brief doesn’t address all grounds of rejection?
If an appeal brief fails to address all grounds of rejection stated by the examiner, it can have serious consequences. According to MPEP 1205.02: “If a ground of rejection stated by the examiner is not addressed in the appellant’s brief, appellant has waived any challenge to that ground of rejection and the Board may summarily…
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…
Read MoreWhat is the ‘claims appendix’ in a patent appeal brief?
The ‘claims appendix’ is a required component of a patent appeal brief, as specified in MPEP 1205.02. According to the MPEP: “An appendix containing a copy of the claims involved in the appeal.” Key points about the claims appendix: It should contain a clean copy of the claims. The claims should not include any markings…
Read MoreWhat are the requirements for an appeal brief in a patent application?
An appeal brief in a patent application must comply with the requirements set forth in 37 CFR 41.37. The key requirements include: Only one copy of the appeal brief is required. The brief must be filed within two months from the date of filing the notice of appeal. The appeal brief fee is $0.00. The…
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