37 CFR 41.31 — Appeal to Board
Ninth Edition, Revision 01.2024
- (a)
Who may appeal and how to file an appeal. An appeal
is taken to the Board by filing a notice of appeal.
- (1) Every applicant, any of whose claims has been twice rejected, may appeal from the decision of the examiner to the Board by filing a notice of appeal accompanied by the fee set forth in § 41.20(b)(1) within the time period provided under § 1.134 of this title for reply.
- (2) Every owner of a patent under ex parte reexamination filed under § 1.510 of this title before November 29, 1999, any of whose claims has been twice rejected, may appeal from the decision of the examiner to the Board by filing a notice of appeal accompanied by the fee set forth in § 41.20(b)(1) within the time period provided under § 1.134 of this title for reply.
- (3) Every owner of a patent under ex parte reexamination filed under § 1.510 of this title on or after November 29, 1999, any of whose claims has been finally (§ 1.113 of this title) rejected, may appeal from the decision of the examiner to the Board by filing a notice of appeal accompanied by the fee set forth in § 41.20(b)(1) within the time period provided under § 1.134 of this title for reply.
- (b) The signature requirements of §§ 1.33 and 11.18(a) of this title do not apply to a notice of appeal filed under this section.
- (c) An appeal, when taken, is presumed to be taken from the rejection of all claims under rejection unless cancelled by an amendment filed by the applicant and entered by the Office. Questions relating to matters not affecting the merits of the invention may be required to be settled before an appeal can be considered.
- (d) The time periods set forth in paragraphs (a)(1) through (a)(3) of this section are extendable under the provisions of § 1.136 of this title for patent applications and § 1.550(c) of this title for ex parte reexamination proceedings.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; para. (a) introductory text, para. (b), and para. (c) first sentence revised, 76 FR 72270, Nov. 22, 2011, effective Jan. 23, 2012]
Cited authority
- 37 CFR 41.20 Fees
- 37 CFR 1.134 Time period for reply to an Office action
- 37 CFR 1.510 Request for ex parte reexamination
- 37 CFR 1.113 Final rejection or action
- 37 CFR 1.33 Correspondence respecting patent applications, reexamination proceedings, and other proceedings
- 37 CFR 11.18 Signature and certificate for correspondence filed in the Office
- 37 CFR 1.136 Extensions of time
- 37 CFR 1.550 Conduct of ex parte reexamination proceedings
Cited by
- 1204 Notice of Appeal
- 1204.01 Reinstatement of Appeal
- 1204.02 Pre-Appeal Brief Review Request and Conference Pilot Program
- 1205 Appeal Brief
- 1205.01 Time for Filing Appeal Brief
- 1205.02 Appeal Brief Content
- 1206 Amendments and Affidavits or Other Evidence Filed With or After Appeal
- 1207.04 Reopening of Prosecution After Appeal
- 1214.05 Cancellation of Claims Not Appealed
- 1215.03 Partial Withdrawal
- 2117 Markush Claims
- 2273 Appeal in Ex Parte Reexamination
- 2285 Copending Ex Parte Reexamination and Reissue Proceedings
- 2730 Applications Filed on or After May 29, 2000; Grounds for Adjustment
- 2731 Period of Adjustment
- 2732 Reduction of Period of Adjustment of Patent Term
- 502.02 Correspondence Signature Requirements
- 609.04(b) Timing Requirements for an Information Disclosure Statement
- 706 Rejection of Claims
- 706.07 Final Rejection
- 714 Amendments, Applicant’s Action
- 714.12 Amendments and Other Replies After Final Rejection or Action
- 37 CFR 1.112 Reconsideration before final action
- 37 CFR 1.113 Final rejection or action
- 37 CFR 1.116 Amendments and affidavits or other evidence after final action and prior to appeal
- 37 CFR 1.295 (pre-2013-03-16) Review of decision finally refusing to publish a statutory invention registration
- 37 CFR 1.703 (pre-2012-09-17) Period of adjustment of patent term due to examination delay
- 37 CFR 1.704 Reduction of period of adjustment of patent term
- 37 CFR 1.704 (2012-09-17 thru 2013-12-17) Reduction of period of adjustment of patent term
- 37 CFR 41.33 Amendments and affidavits or other Evidence after appeal
- 37 CFR 41.37 Appeal brief