Streamlined Procedure for Appeal Brief Review in Ex Parte Reexamination Proceedings
The United States Patent and Trademark Office (USPTO) is streamlining the procedure for the review of appeal briefs in ex parte reexamination proceeding appeals to increase the efficiency of the appeal process and reduce pendency of appeals. The Chief Judge of the Board of Patent Appeals and Interferences (BPAI) or his designee (collectively, "Chief Judge"), will have the sole responsibility for determining whether appeal briefs filed in ex parte reexamination proceeding appeals comply with the applicable regulations, and will complete the determination before the appeal brief is forwarded to the examiner for consideration. The examiner will no longer review appeal briefs for compliance with the applicable regulations. The USPTO expects to achieve a reduction in ex parte reexamination proceeding appeal pendency as measured from the filing of a notice of appeal to docketing of the appeal by eliminating duplicate reviews by the examiner and the BPAI. We are expecting further reduction in pendency because the streamlined procedure will increase consistency in the determination, and thereby reduce the number of notices of noncompliant appeal brief and non-substantive returns from the BPAI that require appellants to file corrected appeal briefs in ex parte reexamination proceeding appeals.
- Task
- Read the news
- Patent or trademark
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- Legacy system
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- Current entry point
- www.federalregister.gov/documents/2010/05/25/2010-12534/streamlined-procedure-for-appeal-brief-review-in-ex-parte-reexamination-proceedings (permanent link in the Federal Register, verified 2026-09-30)
- Legacy system and where it moved
- No legacy system name mention in title or summary )
- Fee
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- What you need (account or API key)
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- Published
- 2010-05-25
- Document type
- Notice
- Source
- USPTO documents published in the Federal Register (Federal Register API)(retrieved 2026-10-06)
Everything in the same category
Read the news (all 1988) · both (all 2333)
Related entry points
- Streamlined Procedure for Appeal Brief Review
- Streamlined Procedure for Appeal Brief Review in Inter Partes Reexamination Proceedings
- Revision of Patent Term Adjustment Provisions Relating to Appellate Review
- Clarification on the Procedure for Seeking Review of a Finding of a Substantial New Question of Patentability in Ex Parte Reexamination Proceedings
- Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals
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- Pilot Program for Waiver of Patent Owner's Statement in Ex Parte Reexamination Proceedings
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- Clarification of the Effective Date Provision in the Final Rule for Ex Parte Appeals
- Changes To Require Identification of Attributable Owner
- Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals; Delay of Effective and Applicability Dates
- Eliminating Unnecessary Regulations
- Changes To Practice for Continuing Applications, Requests for Continued Examination Practice, and Applications Containing Patentably Indistinct Claims
- Patents for Humanity Program
- Notice Regarding the Elimination of the Fee for Petitions To Make Special Filed Under the Patent Prosecution Highway (PPH) Programs
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