How do I request an oral hearing for a patent appeal?

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.

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)

As stated in the MPEP: “37 CFR 41.47(b) provides that an appellant who desires an oral hearing before the Board must request the hearing by filing, in a separate paper captioned ‘REQUEST FOR ORAL HEARING,’ a written request therefor, accompanied by the appropriate fee set forth in 37 CFR 41.20(b)(3), within 2 months after the date of the examiner’s answer or the date of filing of a reply brief, whichever is earlier.”