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What is the time frame for an examiner to provide an answer to an appeal brief?

By russ.krajec@blueironip.com | September 27, 2024
A

What is the time frame for an examiner to provide an answer to an appeal brief?

According to the MPEP, an examiner should provide a written answer to an appeal brief within a specific timeframe:

“The examiner should furnish the appellant with a written statement in answer to the appellant’s brief within 2 months after the receipt of the brief by the examiner.“

It’s important to note that while the regulation uses the word “may,” current procedures require an examiner’s answer for an appeal to proceed to the Board.

To learn more:

  • Examiner’s Answer
  • Appeal Brief
  • Time Frame
  • Patent Appeal Process
Tags: Appeal Brief, examiner's answer, patent appeal process, time frame
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