Can the time period for filing an appeal brief be extended?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.