What is the time limit for filing a reply brief in a patent appeal?
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).
- Single Reply Brief Within Two MonthsMPEP 1208
- Single Reply Brief Within Two MonthsMPEP 1208Permitted
- Petition Required for New Ground of Rejection DesignationMPEP 1208Required
- Two-Month Time Limit for Petition ReplyMPEP 1208Required
- Requirement for Reply Brief After Examiner’s AnswerMPEP 1208Required
- Two-Month Reply Brief Period After Petition DenialMPEP 1208Permitted
- Procedure for New Ground of Rejection by BoardMPEP 1214.06Prohibited
- New Ground of Rejection Must Comply with MPEP §1207.03MPEP 1207.05Required
- Appellant Must File Reply Brief Within Two MonthsMPEP 1208Required