What is the process for requesting an oral hearing in a patent reexamination appeal?

To request an oral hearing in a patent reexamination appeal, the appellant (patent owner) must:

• File a written request for the hearing
• Pay the fee set forth in 37 CFR 41.20(b)(3)
• Submit the request within two months after the date of the examiner’s answer or supplemental examiner’s answer

As stated in MPEP 2276, “The time for requesting an oral hearing may not be extended.” It’s important to note that “No appellant will be permitted to participate in an oral hearing unless he or she has requested an oral hearing and submitted the fee set forth in 37 CFR 41.20(b)(3).”

To learn more:

• oral hearing
• patent reexamination
• appeal process
• USPTO