What happens after a reply brief is filed in a patent appeal?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 4 Related FAQs 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. Once a reply brief is filed, the jurisdiction of the appeal passes to the Patent Trial and Appeal Board (PTAB). According to MPEP 1208 : “After receipt of a reply brief under 37 CFR 41.41, jurisdiction over the appeal passes to the Board. Normally, the examiner does not need to acknowledge the reply brief and will not have an opportunity for further argument prior to a decision by the Board.” However, there is a possibility that the Board may remand the appeal to the examiner to provide a substitute examiner’s answer in response to the remand. In most cases, the next step after filing a reply brief is awaiting the Board’s decision on the appeal. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Board Takes Jurisdiction After Reply Brief MPEP 1208 Timing for Filing Reply Brief After Petition MPEP 1208 Requirement for Reply Brief After Examiner's Answer MPEP 1208 Required Amended Reply Brief Reopens Prosecution MPEP 1208 Single Reply Brief Within Two Months MPEP 1208 Two-Month Reply Brief Period After Petition Denial MPEP 1208 Permitted Single Reply Brief Within Two Months MPEP 1208 Permitted Appellant Must File Reply Brief Within Two Months MPEP 1208 Required No New Evidence in Reply Brief MPEP 1208 No Acknowledgement Required for Reply Briefs MPEP 1208 Permitted Other Related FAQs 4 FAQs Collapse Can new evidence be submitted in a reply brief during a patent appeal? How does filing a reply brief with an amendment affect a patent appeal? What is the time limit for filing a reply brief in a patent appeal? When is a reply brief required in a patent appeal?