Can I withdraw a Pre-Appeal Brief Review Request?
The MPEP does not provide a specific provision for withdrawing a Pre-Appeal Brief Review Request. However, it does state that certain actions by the applicant will terminate the panel’s review: The panel’s review will be terminated if the applicant files any of the following responses after filing a request, but prior to a decision by…
Read MoreWhat are the requirements for filing a Pre-Appeal Brief Review Request?
To file a Pre-Appeal Brief Review Request, applicants must meet several requirements: File a notice of appeal in compliance with 37 CFR 41.31 Submit the request with the notice of appeal and before filing an appeal brief Use Form PTO/AIA/33, “Pre-Appeal Brief Request for Review” (optional) Include arguments in a separate paper titled “Pre-Appeal Brief…
Read MoreWhat is the Pre-Appeal Brief Review Request and Conference Pilot Program?
The Pre-Appeal Brief Review Request and Conference Pilot Program is an ongoing initiative by the United States Patent and Trademark Office (USPTO) that allows patent applicants to request a review of their case before filing a formal appeal brief. As stated in the MPEP: Since July of 2005 the Office has provided an ongoing pilot…
Read MoreHow does the Pre-Appeal Brief Review process work?
The Pre-Appeal Brief Review process involves the following steps: Upon receipt of a properly filed request, a supervisor designates a panel of reviewers. The panel includes at least a supervisor and the examiner of record. The panel reviews the appellant’s remarks and the examiner’s rejections. The review is conducted without the appellant’s presence, and no…
Read MoreWhat are the possible outcomes of a Pre-Appeal Brief Review?
The Pre-Appeal Brief Review can result in four possible outcomes, as stated in the MPEP: Application remains under appeal: The application remains under appeal because there is at least one actual issue for appeal. Prosecution reopened: Prosecution on the merits is reopened and an appropriate Office communication will follow in due course. In appropriate circumstances,…
Read MoreHow does the Pre-Appeal Brief Review affect the timeline for filing an appeal brief?
The Pre-Appeal Brief Review can affect the timeline for filing an appeal brief in several ways: If a panel decision is issued, the MPEP states: After a panel decision, the time period for filing an appeal brief will be reset to be one month from the mailing of the decision on the request, or the…
Read MoreHow does the Pre-Appeal Brief Review affect the time for filing an Appeal Brief?
How does the Pre-Appeal Brief Review affect the time for filing an Appeal Brief? The Pre-Appeal Brief Review process can affect the time for filing an Appeal Brief. According to the MPEP, “If the request is not granted, the Office will treat the request as untimely and notify the applicant of the deadline to file…
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