What is the Pre-Appeal Brief Review Request and Conference Pilot Program?

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.

The Pre-Appeal Brief Review Request and Conference Pilot Program is an ongoing initiative by the United States Patent and Trademark Office (USPTO) that allows patent applicants to request a review of their case before filing a formal appeal brief. As stated in the MPEP:

Since July of 2005 the Office has provided an ongoing pilot program in which an appellant, upon the filing of a notice of appeal may also request a pre-appeal brief review.

This program aims to potentially resolve issues or reopen prosecution without the need for a full appeal process, saving time and resources for both applicants and the USPTO.