Can you broaden claims in reexamination?
112. (b) Claims in an ex parte reexamination proceeding will not be permitted to enlarge the scope of the claims of the patent.
Is there a fee for filing an appeal brief with the Uspto?
The appeal brief fee in an application or ex parte reexamination proceeding is $0.00, but if the appeal results in an examiner’s answer, the appeal forwarding fee set forth in § 37 CFR 41.20(b)(4) must be paid within the time period specified in § 41.45 to avoid dismissal of an appeal.
What is a patent appeal brief?
A patent appeal brief example is a document you file with the Patent Trial and Appeal Board (PTAB) after a patent examiner has rejected your patent application a second time. It is critical you follow the rules for filing a patent appeal brief. If you do not, your case could be dismissed.
How much is the appeal forwarding fee?
If a decision is made to move forward with the appeal, an Examiner’s Answer will be filed. You will then be required to pay a USPTO forwarding fee ($2,360 large entity; $1,180 small entity) within two months of the Examiner’s Answer to send the case to the Board.
What is the time limit for filing an appeal brief?
37 CFR 41.37 Appeal brief. (a) Timing. Appellant must file a brief under this section within two months from the date of filing the notice of appeal under § 41.31.
What is the time limit for filing a reply brief?
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.
Are any arguments or authorities not included in the appeal brief?
Except as provided for in §§ 41.41, 41.47 and 41.52, any arguments or authorities not included in the appeal brief will be refused consideration by the Board for purposes of the present appeal.
What happens if an appeal brief is non-compliant with 37 CFR?
If the Patent Appeal Center determines that the appeal brief is non-compliant with 37 CFR 41.37 and sends appellant a notice of non-compliant brief requiring a corrected brief, appellant will be required to file a corrected brief within the time period set forth in the notice to avoid the dismissal of the appeal.