How do I request an oral hearing for an inter partes reexamination appeal?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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 an inter partes reexamination appeal, you must:

  • File a written request as a separate paper captioned “REQUEST FOR ORAL HEARING”
  • Submit the request within two months after the date of the examiner’s answer
  • Pay the fee set forth in 37 CFR 41.20(b)(3)
  • Include a certification that a copy of the request has been served on all other parties

As stated in MPEP 2680: “If an appellant or a respondent desires an oral hearing, he or she must file, as a separate paper captioned ‘REQUEST FOR ORAL HEARING,’ a written request for such hearing accompanied by the fee set forth in § 41.20(b)(3) within two months after the date of the examiner’s answer.”

Topics: MPEP 2600 - Optional Inter Partes Reexamination MPEP 2680 - Oral Hearing Patent Law Patent Procedure
Tags: appeal, inter partes reexamination, oral hearing, patent procedure