On June 10, 2008, the U.S. Patent and Trademark Office
(USPTO) issued new rules regarding the filing of appeal briefs,
which go into effect on December 10, 2008. (See Federal
Register, Vol. 73, No. 112 for a full statement of the new
rules.)
The new rules feature a substantial change to the content of
Appeal Briefs. No longer is an appellant required to file
sections directed to a Status of Claims or Summary of Claimed
Subject Matter. However, the rules require the following new
sections to be added to the appeal brief:
Jurisdictional statement—The
appeal brief must include a statement of the statute under
which the appeal is taken, the date of the decision from which
the appeal is taken, the date the notice of appeal was filed
and the date the appeal brief is being filed. If a notice of
appeal or an appeal brief is filed after the time specified in
the rules, the appellant also would have to