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

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner’s Answer Must Address Appeal Brief Arguments MPEP 1207.02 Recommended No Time Extensions for Examiner’s Answer Period MPEP 1207 List Appeal Conferees on Examiner's Answer MPEP 1207.01 Recommended Examiner Must Provide Written Response Before Appeal Proceeds MPEP 1207.02 Permitted Examiner Must Provide Written Response to Appellant’s Brief Within 2 Months MPEP 1207.02 Recommended Requirement to Reopen Prosecution After Remand MPEP 1207.05 Reply Brief Before Decision Withdraws Petition and Maintains Appeal MPEP 1207.03(b) Examiner Must Obtain Director Approval for New Grounds in Answer MPEP 1207 Required No Decision on Petition MPEP 1207.03(b) Rejections Designated as New Grounds Only Apply to Specific Rules MPEP 1207.03(c) Other Related FAQs 5 FAQs Collapse What is a new ground of rejection in patent examination? What constitutes a new ground of rejection in patent examination? What are examples of actions that do not constitute a new ground of rejection in an Examiner&#8217;s Answer? Can affidavits or other evidence be submitted after filing an appeal brief? How should examiners handle after-final amendments or evidence in relation to an Examiner&#8217;s Answer?