Hovey Williams, LLP

ALERT: New Rules for Appeals to BPAI

On Tuesday, July 10, 2008, the U.S. Patent and Trademark Office published new Final Rules regarding the Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals.  The Final Rules, published in the Federal Register, can be found here. 

The new rules increase the procedural formalities of the appeal process, particularly with regard to the content of the Appeal Brief.  In practice, complying with these additional requirements will likely increase the amount of time and cost involved in the preparation of an Appeal Brief.  The new rules will apply to any Brief filed on or after December 10, 2008 (regardless of when the notice is filed).  It is important for patentees and their attorneys to consider how the new rules might affect any pending applications.

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