USPTO Looks To Streamline Ex Parte Appeals Process

Law360, New York (June 9, 2008, 12:00 AM EDT) -- The U.S. Patent and Trademark Office published new rules Tuesday aimed at speeding up the ex parte appeals process and eliminating unwarranted returns to examiners.

Under the new rules, which will go into effect on Dec. 10, examiners will no longer be allowed to provide a response to the reply brief or add new grounds of rejection.

Moreover, certain briefing requirements, such as the “summary of the claimed subject matter,” will no longer be required. Appeal briefs will be limited to 30 pages and reply briefs...
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