What happens if a notice of appeal or cross appeal is defective in inter partes reexamination?

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.

If a notice of appeal or cross appeal is timely filed but defective in inter partes reexamination, the party is given one opportunity to correct the defect. According to MPEP 2674:

“Where a notice of appeal or notice of cross appeal is timely filed but is defective, e.g., missing fee or missing portion of the fee, no proof of service is included, it is signed by an inappropriate party or is unsigned, failure to identify the appealed claims; 37 CFR 41.61(f) provides the appropriate party one opportunity to file, within a nonextendable period of one month, an amended notice of appeal or cross appeal that corrects the defect(s).”

The USPTO will use Form PTOL-2067 to notify the party of the defect and provide instructions for correction. It’s crucial to address these defects promptly to ensure the appeal can proceed.