What is the process for requesting a rehearing of a Board decision?

According to MPEP 1214.03, an appellant may file a single request for rehearing within two months of the date of the original decision of the Board. The request must:

  • State with particularity the points believed to have been misapprehended or overlooked by the Board
  • Not include arguments not raised or evidence not previously relied upon in the appeal briefs, except in specific circumstances

The MPEP states: “The request for rehearing must state with particularity the points believed to have been misapprehended or overlooked by the Board.” This emphasizes the importance of focusing on specific issues rather than simply rearguing the entire case.

To learn more:

Tags: board decision, mpep 1214.03, patent appeal, rehearing