MPEP 1200


Quick Statistics:

Number of Pages:  77 pgs
Sections:  1201 – 1216

Brief Summary:

An applicant may appeal to the Patent Trial and Appeal Board when he or she believes their application deserves to be allowed to patent in spite of a rejection. The circumstances for which it is appropriate to file an appeal and what is required to file one are discussed here.

In order to appeal, an individual must follow a particular prosecution process which involves filing a Notice of Appeal and then later, an Appeal Brief.

After an Appeal Brief is filed, the Board will decide whether or not to accept the appeal and if so, they will begin prosecuting it. The Board will reply to the applicant by either requesting more documents or by allowing the questionable claims to patent. If the Board denies the claims, the applicant may appeal the decision to the U.S. Court of Appeals for Federal Circuit.

Key Terms:

AppealAppeal BriefOral Hearing
Reply BriefExaminer’s AnswerPatent Trial and Appeal Board

37 CFR (Code of Federal Regulations):

37 CFR 41.35Jurisdiction over appeal.
37 CFR 41.31Appeal to Board.

35 USC (United States Code):

35 USC 141Appeal to Court of Appeals for the Federal Circuit.
35 USC 306Appeal.

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