What happens if an appeal brief is not timely filed in ex parte reexamination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 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. If an appeal brief is not timely filed in ex parte reexamination, the appeal will be dismissed. The MPEP clearly states: “Failure to file the brief and/or the appeal brief fee within the permissible time will result in dismissal of the appeal.” After dismissal, the reexamination prosecution is terminated, and a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) will be issued, indicating the status of the claims at the time of appeal. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Notice of Intent to Issue Ex Parte Reexamination Certificate MPEP 2274 Notice of Intent to Issue Ex Parte Reexamination Certificate After Appeal Dismissal MPEP 2274 One Copy of Appeal Brief Required MPEP 2274 Required Failure to File Brief Timely Results in Appeal Dismissal MPEP 2274 Requirement for Corrected Appeal Brief Within Time Period MPEP 2274 Required Amendments Must Not Be Included in Appeal Brief MPEP 2274 Recommended Copy of Appeal Brief Must Be Served on Third-Party Requester MPEP 2274 Required Appeal Brief Must Clearly State Appellant’s View MPEP 2274 Permitted Reexamination Prosecution Terminates on Appeal Dismissal MPEP 2274 Request for Extension of Time for Appeal Brief MPEP 2274 Required Other Related FAQs 5 FAQs Collapse Who determines if an appeal brief is compliant in ex parte reexamination? Can the time for filing an appeal brief be extended in ex parte reexamination? What are the key requirements for an appeal brief in ex parte reexamination? How can a patent owner seek review of a Substantial New Question of Patentability (SNQ) determination? What are the time limits for filing an appeal brief in ex parte reexamination?