Can the time period for filing an appeal brief be extended?
Yes, the time period for filing an appeal brief can be extended. The MPEP states: The 2-month time period for filing an appeal brief on appeal to the Patent Trial and Appeal Board (37 CFR 41.37(a)) and the 1-month time period for filing a new appeal brief to correct the deficiencies in a defective appeal brief (37 CFR 41.37(d)) are time periods, but are not (shortened) statutory periods for reply set pursuant to 35 U.S.C. 133.
These periods can be extended as follows:
- Up to 5 months under 37 CFR 1.136(a)
- In exceptional situations, further extended under 37 CFR 1.136(b)
It’s important to note that these periods are not subject to the 6-month maximum set in 35 U.S.C. 133, allowing for potentially longer extensions in certain circumstances.
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