What is the time limit for filing a reply brief in a patent appeal?

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 1208, an appellant may file a single reply brief “within the later of two months from the date of either the examiner’s answer, or a decision refusing to grant a petition under 37 CFR 1.181 to designate a new ground of rejection in an examiner’s answer.” The MPEP states:

“Under 37 CFR 41.41(a)(1) , appellant may file a single reply brief as a matter of right within the later of two months from the date of either the examiner’s answer, or a decision refusing to grant a petition under 37 CFR 1.181 to designate a new ground of rejection in an examiner’s answer.”

Extensions of time may be granted under certain circumstances, but are not permitted under 37 CFR 1.136(a).

Tags: examiner's answer, patent appeal, Reply Brief, time limit