Can new arguments be presented during an oral hearing?
Generally, new arguments cannot be presented during an oral hearing. Participants are limited to evidence and arguments previously considered by the primary examiner and presented in the briefs. However, there is an exception for new arguments based on recent relevant decisions. MPEP 2680 states: “At the oral hearing, each appellant and respondent may only rely…
Read MoreWhat fees are associated with requesting an oral hearing in a patent reexamination appeal?
Requesting an oral hearing in a patent reexamination appeal involves specific fees as outlined in MPEP 2276: The primary fee is set forth in 37 CFR 41.20(b)(3) and must be submitted with the written request for the oral hearing. If the appellant wishes to petition for a closed hearing, an additional petition fee as set…
Read MoreWhat are the deadlines for requesting an oral hearing in a patent reexamination appeal?
The deadlines for requesting an oral hearing in a patent reexamination appeal are strictly defined in MPEP 2276: “[The appellant] must file a written request for such hearing accompanied by the fee set forth in 37 CFR 41.20(b)(3) within two months after the date of the examiner’s answer or supplemental examiner’s answer. The time for…
Read MoreCan I reschedule my patent appeal oral hearing?
Yes, you can request to reschedule your patent appeal oral hearing, but it’s generally discouraged unless you have compelling reasons. The MPEP states: “If the time set in the notice of hearing conflicts with prior commitments or if subsequent events make appearance impossible, the hearing may be rescheduled on written request, in a separate paper…
Read MoreCan the public attend patent appeal oral hearings?
The public’s ability to attend patent appeal oral hearings depends on the type of application involved. According to the MPEP: “The Board’s current procedure permits members of the public to attend oral hearings in appeals of reexamination proceedings, reissues, and published applications. Members of the public are not permitted to attend appeals of non-published applications.”…
Read MoreHow long is an oral hearing for a patent appeal?
The standard time allotted for an oral hearing in a patent appeal is typically 20 minutes for the appellant and 15 minutes for the primary examiner. The MPEP states: “A hearing will be held as stated in the notice, and oral argument will ordinarily be limited to twenty minutes for appellant and fifteen minutes for…
Read MoreCan I present new arguments or evidence during an oral hearing for a patent appeal?
Generally, you are limited to presenting arguments and evidence that have already been submitted in your brief or reply brief during an oral hearing. The MPEP states: “At the oral hearing, appellant may only rely on Evidence that has been previously entered and considered by the primary examiner and present argument that has been relied…
Read MoreHow do I request an oral hearing for a patent appeal?
To request an oral hearing for a patent appeal, you must: File a separate paper captioned “REQUEST FOR ORAL HEARING” Submit the request within two months from the date of the examiner’s answer or the date of filing a reply brief, whichever is earlier Include the appropriate fee as set forth in 37 CFR 41.20(b)(3)…
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