What is the standard time period for filing an appeal brief?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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.
According to MPEP 1205.01, the standard time period for filing an appeal brief is 2 months from the date of the notice of appeal. The MPEP states:
“The usual period of time in which appellant must file his or her brief is 2 months from the date of the notice of appeal.”
It’s important to note that this period is calculated from the Office date of receipt of the notice of appeal, not the date indicated on any Certificate of Mailing.