What happens if I don’t request an oral hearing for my patent appeal?
If you don’t request an oral hearing for your patent appeal, or if your request is improper or untimely, your appeal will be decided based on the written briefs alone. The MPEP states:
“If no request and fee for oral hearing have been timely filed by appellant as required by paragraph (b) of this section, the appeal will be assigned for consideration and decision on the briefs without an oral hearing.”
It’s important to note that the Board gives equal consideration to appeals decided with or without oral hearings:
“An appeal decided on the briefs without an oral hearing will receive the same consideration by the Board as appeals decided after an oral hearing.”
To learn more: