Under what circumstances can a patent appeal be dismissed?

A patent appeal can be dismissed under various circumstances, including:

  • Failure to file a timely appeal brief
  • Submission of an incomplete or non-compliant appeal brief
  • Lack of jurisdiction by the Patent Trial and Appeal Board (PTAB)
  • Failure to respond to a requirement or order from the PTAB
  • Abandonment of the application

The specific reasons for dismissal are outlined in MPEP 1215. It’s crucial for appellants to adhere to all procedural requirements and deadlines to avoid dismissal of their appeal.

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Tags: Appeal Brief, Appeal Dismissal, patent appeal, patent prosecution, Ptab