View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML
DOC/PTO RIN: 0651-AC48 Publication ID: Fall 2010 
Title: ●Changes To Implement Optional Pre-Appeal Brief Procedures for Patent Applications  
Abstract: The United States Patent and Trademark Office (Office) implemented the pre-appeal brief conference pilot program in which the applicant has an option to request that a panel of experienced examiners conducts a detailed review of the rejection before the actual filing of an appeal brief if applicant feels that the examiner's rejections are clearly not proper and are without bases. Based on the comments from the participants, the effectiveness of the pilot program, and the lesson learned, the Office is proposing to make permanent the pre-appeal brief conference pilot program and to provide two additional optional procedures by which applicant may participate in the pre-appeal brief interview-conference for a fee (set on a cost-recovery basis), and submit a proposed amendment for the examiner to conduct an additional search to determine whether it would place the application in condition for allowance for a second fee (set on a cost-recovery basis). The optional pre-appeal brief interview-conference procedures may eliminate the need to file an appeal brief or a request for continued examination (RCE), and reduce the pendency from notice of appeal to final decision by resolving some or all of the issues. The Office is proposing to revise the rules of practice to provide for the fees to implement the optional pre-appeal brief interview-conference procedures. 
Agency: Department of Commerce(DOC)  Priority: Info./Admin./Other 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 37 CFR 1   
Legal Authority: 35 USC 2(b)(2)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Next Action Undetermined  To Be Determined    
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:
Robert W. Bahr
Acting Associate Commissioner for Patent Examination Policy
Department of Commerce
Patent and Trademark Office
P.O. Box 1450,
Alexandria, VA 22313
Phone:571 272-8800
Fax:571 273-0125
Email: robert.bahr@uspto.gov