What are the deadlines for requesting an oral hearing in a patent reexamination appeal?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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.

The deadlines for requesting an oral hearing in a patent reexamination appeal are strictly defined in MPEP 2276:

“[The appellant] must file a written request for such hearing accompanied by the fee set forth in 37 CFR 41.20(b)(3) within two months after the date of the examiner’s answer or supplemental examiner’s answer. The time for requesting an oral hearing may not be extended.”

It’s crucial to note that this two-month deadline is firm and cannot be extended. Appellants should be aware that missing this deadline will result in losing the opportunity for an oral hearing in their appeal.

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents MPEP 2276 - Oral Hearing Patent Law Patent Procedure
Tags: oral hearing