What are the consequences of failing to file an appeal brief within the specified time period?

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.

Failing to file an appeal brief within the specified time period can have serious consequences for a patent application. The MPEP states: The failure to file an appeal brief (or a new appeal brief) within the time period set in 37 CFR 41.37(a) (or (d)) results in dismissal of the appeal.

The consequences of a dismissed appeal are as follows:

• If there are no allowed claims, the application is abandoned.
• If there are allowed claims, the examiner should cancel the non-allowed claims and allow the application.

The MPEP further clarifies: The dismissal of an appeal results in abandonment, unless there is any allowed claim(s) (see MPEP § 1215.04), in which case the examiner should cancel the nonallowed claims and allow the application.

It’s crucial for applicants to either file the appeal brief on time or request an extension if needed to avoid these potential consequences.