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DOC/PTO RIN: 0651-AC48 Publication ID: Spring 2011 
Title: Changes to Implement Optional Pre-Appeal Brief Procedures for Patent Applications  
Abstract: The United States Patent and Trademark Office (USPTO) implemented the pre-appeal brief conference pilot program in which applicant has an option to request that a panel of experienced examining staff conducts a detailed review of the rejections of record before the actual filing of an appeal brief if applicant feels that the examiner's rejections are clearly not proper and are without basis. The USPTO is proposing to make permanent the pre-appeal brief conference pilot program, and to provide an additional optional procedure in which applicant may present oral arguments to a panel of experienced examining staff before the pre-appeal brief conference is conducted by filing a request and a specified fee. The optional pre-appeal brief 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 USPTO is proposing to revise the rules of practice to provide for the fee to implement the optional procedure for pre-appeal brief conference and oral presentation of arguments. 
Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously 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:
Joni Y. Chang
Senior Legal Advisor
Department of Commerce
Patent and Trademark Office
P. O. Box 1450,
Alexandria, VA 22313-1450
Phone:571 272-7720
Fax:571 273-7720