What are the time limits for filing a notice of appeal to the Federal Circuit?
The time limits for filing a notice of appeal to the Federal Circuit are specified in MPEP 1216.01: “For a notice of appeal to be considered timely filed in the U.S. Patent and Trademark Office, it must: (A) actually reach the U.S. Patent and Trademark Office within the time specified in 37 CFR 90.3 (including…
Read MoreWhat is the process for seeking an extension of time to file a notice of appeal to the Federal Circuit?
The process for seeking an extension of time to file a notice of appeal to the U.S. Court of Appeals for the Federal Circuit is handled by the USPTO General Counsel. According to MPEP 1002.02(k)(1): “Petitions (under 37 CFR 90.3(c) or 37 CFR 2.145(e)) seeking to extend the time for filing a notice of appeal…
Read MoreWhat is the examiner’s authority regarding affidavits filed after a notice of appeal?
After a notice of appeal is filed but before the Board takes jurisdiction, the examiner’s authority to consider affidavits or declarations is limited. According to MPEP § 1211.03: “In the case of affidavits or declarations filed after the filing of a notice of appeal, but before a jurisdiction passes to the Board under 37 CFR…
Read MoreHow is the due date for an appeal brief calculated?
The due date for an appeal brief is calculated based on the receipt date of the notice of appeal. According to MPEP 1205.01: “The Office date of receipt of the notice of appeal (and not the date indicated on any Certificate of Mailing under 37 CFR 1.8) is the date from which this 2-month time…
Read MoreWhat is the proper procedure if an applicant wants to appeal after filing an RCE?
If an applicant wants to appeal after filing a Request for Continued Examination (RCE), they must follow a specific procedure. According to MPEP 1204.01, the proper steps are: Wait for the examiner to issue a new Office action after the RCE is filed If the new Office action is a final rejection, file a new…
Read MoreWhat happens if an amendment is filed after a notice of appeal but before the appeal brief?
Filing an amendment after a notice of appeal but before the appeal brief does not negate the requirement to file the appeal brief. The MPEP 1205.01 states: “A brief must be filed to preserve appellant’s right to the appealed claims, notwithstanding circumstances such as: … (B) the filing of an amendment, even if it is…
Read MoreWhen can affidavits or declarations be considered after a notice of appeal is filed?
Affidavits or declarations filed with a notice of appeal, but before the Board takes jurisdiction, can be considered if the appellant demonstrates why they are necessary and were not presented earlier. As stated in MPEP § 1211.03: “Affidavits or declarations filed with the filing of a notice of appeal but before jurisdiction passes to the…
Read MoreWhat happens to affidavits filed after final rejection but before a notice of appeal?
Affidavits or declarations filed after a final rejection but before a notice of appeal are handled according to specific MPEP sections. MPEP § 1211.03 states: “Affidavits or declarations filed after a final rejection and prior to a notice of appeal are handled as provided in MPEP §§ 715.09, 716, and 716.01.” These sections provide guidance…
Read MoreWhat are the options for responding to a final rejection in a patent application?
According to MPEP 714.13, there are three main options for responding to a final rejection: File an amendment: The amendment must comply with 37 CFR 1.116. File a Notice of Appeal: This must be accompanied by the appeal fee. File a Request for Continued Examination (RCE): This must be filed under 37 CFR 1.114 with…
Read MoreWhat happens if a notice of appeal is filed but no appeal brief is submitted?
What happens if a notice of appeal is filed but no appeal brief is submitted? If a notice of appeal is filed but no appeal brief is submitted, the application may be considered abandoned. According to MPEP 711.04(a): ‘If a notice of appeal is filed, but no appeal brief is filed within the time allowed…
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