Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals
The United States Patent and Trademark Office (USPTO or Office) amends the rules governing practice before the Board of Patent Appeals and Interferences (Board or BPAI) in ex parte patent appeals. The Office amends the rules to: Remove several of the briefing requirements for an appeal brief, provide for the Board to take jurisdiction over the appeal earlier in the appeal process, no longer require examiners to acknowledge receipt of reply briefs, create specified procedures under which an appellant can seek review of an undesignated new ground of rejection in either an examiner's answer or in a Board decision, provide that the Board will presume that the appeal is taken from the rejection of all claims under rejection unless cancelled by an applicant's amendment, and clarify that, for purposes of the examiner's answer, any rejection that relies upon Evidence not relied upon in the Office action from which the appeal is taken shall be designated as a new ground of rejection. The Office also withdraws a previously published final rule that never went into effect.
- Task
- Read the news
- Patent or trademark
- both
- Legacy system
- —
- Current entry point
- www.federalregister.gov/documents/2011/11/22/2011-29446/rules-of-practice-before-the-board-of-patent-appeals-and-interferences-in-ex-parte-appeals (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
- No fee mention in title or summary )
- What you need (account or API key)
- No account or key mention in title or summary )
- Published
- 2011-11-22
- Document type
- Rule
- 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
- Revision of Patent Term Adjustment Provisions Relating to Appellate Review
- Clarification of the Effective Date Provision in the Final Rule for Ex Parte Appeals
- Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals
- Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals; Delay of Effective and Applicability Dates
- Changes To Practice for Continuing Applications, Requests for Continued Examination Practice, and Applications Containing Patentably Indistinct Claims
- Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals; Request for Comments on Potential Modifications to Final Rule and Notice of Roundtable During Comment Period
- Post-Prosecution Pilot Program
- Revision of Patent Term Extension and Adjustment Provisions Relating to Appellate Review and Information Disclosure Statements
- Streamlined Procedure for Appeal Brief Review in Inter Partes Reexamination Proceedings
- Streamlined Procedure for Appeal Brief Review in Ex Parte Reexamination Proceedings
- Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals
- Streamlined Procedure for Appeal Brief Review
- Changes To Implement Provisions of the Trademark Modernization Act of 2020
- Changes To Implement Provisions of the Trademark Modernization Act of 2020
- Revision of Patent Term Extension and Patent Term Adjustment Provisions
- Motion To Amend Practice and Procedures in Trial Proceedings Under the America Invents Act Before the Patent Trial and Appeal Board