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DOC/PTO

RIN: 0651-AC12

Publication ID: Fall 2008

Title: Changes to Rules of Practice Before the Board of Appeals and Interferences in Ex Parte Appeals
Abstract: The United States Patent and Trademark Office (USPTO) is revising the rules of practice with respect to ex parte appeals before the Board of Patent Appeals and Interferences. For example, (1) the requirements for filing an appeal brief are changed to reorganize the manner in which the appeal brief and reply brief are presented, (2) lengths of briefs would be established to shorten briefs, (3) times for taking action in an appeal would be reduced, and (4) authority to decide requests for extensions of time to file certain documents would be assigned to the Chief Administrative Patent Judge obtained by petition. The change is not related to the USPTO's Strategic Plan. The change is expected to have some positive impact on the USPTO's appeal backlog and pendency.
Agency: Department of Commerce(DOC)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
CFR Citation: 37 CFR 41
Legal Authority: 35 USC 132 to 134 35 USC 2(b)(2) 35 USC 305 and 306 35 USC 6(b)

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	07/30/2007	72 FR 41472
NPRM Comment Period End	09/28/2007
Final Action	06/10/2008	73 FR 32938
Final Action Effective	12/10/2008

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Fred E. McKelvey Senior Administrative Patent Judge Department of Commerce Patent and Trademark Office Mail Stop Interference, P. O. Box 1450, Alexandria, VA 22313 Phone:571 272-9797 Fax:571 273-0042 Email: bpai.rules@uspto.gov