How 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 an appeal brief.” (MPEP 1204.02)
If the request is granted, the time for filing an Appeal Brief is reset. The MPEP states: “If the request is granted, the time period for filing an appeal brief will be reset to one month from the mailing of the decision on the request, or the balance of the two-month time period running from the receipt of the notice of appeal, whichever is greater.”
This means that applicants should be prepared to file an Appeal Brief promptly if their Pre-Appeal Brief Request is not granted, or they will have additional time if the request is granted.
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