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…

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Can 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…

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Can 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.”…

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How 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…

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