How long is an oral hearing for a patent appeal?

The standard time allotted for an oral hearing in a patent appeal is typically 20 minutes for the appellant and 15 minutes for the primary examiner. The MPEP states:

“A hearing will be held as stated in the notice, and oral argument will ordinarily be limited to twenty minutes for appellant and fifteen minutes for the primary examiner unless otherwise ordered.”

If you believe you need additional time, you can request it:

“If appellant believes that additional time will be necessary, the appellant should file a request in a separate paper addressed to the Clerk of the Board well in advance of the hearing. The request for such time will be taken into consideration in assigning the hearing date.”

However, the final decision on granting additional time is at the discretion of the senior member of the panel hearing the case.

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Tags: oral hearing, patent appeal, ptab procedure, Time Limits