Share on LinkedInShare on LinkedIn

ARTICLE · 11 JULY 2008

PTO Issues New Rules For Appeal Briefs

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.

United StatesIntellectual Property

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

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from