What are the requirements for an appeal brief in a patent application?

An appeal brief in a patent application must comply with the requirements set forth in 37 CFR 41.37. The key requirements include:

• Only one copy of the appeal brief is required.
• The brief must be filed within two months from the date of filing the notice of appeal.
• The appeal brief fee is $0.00.
• The brief must contain specific items under appropriate headings in the order indicated in 37 CFR 41.37(c)(1).
• The brief must present arguments responsive to every ground of rejection stated by the examiner.

As stated in the MPEP, “The mere filing of a document titled as a brief will not necessarily be considered to be in compliance with 37 CFR 41.37(c). The rule requires that the brief must set forth arguments and the basis therefor, with citations of the statutes, regulations, authorities and parts of the record relied upon.“

To learn more:

• appeal brief
• patent application
• MPEP 1205.02
• 37 CFR 41.37
• patent appeal