What is the process for filing a notice of appeal in ex parte 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.

The process for filing a notice of appeal in ex parte reexamination is outlined in MPEP 2273. Here are the key steps:

1. File the notice of appeal: Submit the notice of appeal to the USPTO, accompanied by the fee set forth in 37 CFR 41.20(b)(1).
2. Include required parts: The notice of appeal should include:
   • A designation of the appealed claims
   • Any request for an oral hearing
3. File an appeal brief: Within two months from the date of the notice of appeal, file an appeal brief and pay the fee set forth in 37 CFR 41.20(b)(2).
4. Serve the appeal brief: Serve the appeal brief on the examiner in accordance with 37 CFR 1.248.

The MPEP states:

“The fee for filing the notice of appeal is due on filing of the notice of appeal. If the notice of appeal is filed in a reexamination proceeding, the appeal will be noted and docketed by the Central Reexamination Unit (CRU).”

It’s crucial to adhere to these requirements and deadlines to ensure the appeal is properly filed and considered.