When can I file a Notice of Appeal?

You can file a Notice of Appeal after any of your claims has been twice rejected, regardless of whether the rejection is final or not. The MPEP states: “A notice of appeal may be filed after any of the claims has been twice rejected, regardless of whether the claim(s) has/have been finally rejected.“ It’s important…

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What is a Notice of Appeal in patent applications?

A Notice of Appeal is a formal document filed by an applicant who is dissatisfied with the primary examiner’s decision in the second or subsequent rejection of their claims. It allows the applicant to appeal to the Patent Trial and Appeal Board (PTAB) for review of the examiner’s rejection. According to MPEP 1204, “Under 37…

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