IP: When and how to use pre-appeal briefs

Pre-appeal requests can overturn an examiner’s rejection, but should be used judiciously

When faced with a final rejection, a pre-appeal brief conference request (pre-appeal request) can be an effective tool to overturn an examiner’s rejection. However, to be effective the pre-appeal request must be concise and targeted. It is important to remember that pre-appeal requests are not intended to cover all situations and thus, pre-appeal briefs should be used judiciously. 


Contributing Author

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Andrew Weaver

Andrew Z. Weaver is a partner at Novak Druce + Quigg where his practice is focused on the prosecution and reexaminations of patents. He can be reached...

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