Appeals
In all ex parte appeals, an Appellant receives 20 minutes to argue the appeal.
In inter partes reexamination appeals, each party receives 30 minutes total to argue the issues associated with both the appeal and the cross appeal. The panel will decide the order in which the parties present their respective arguments and rebuttals.
If a party to an appeal wishes to request additional argument time, the party should fax such a request to the attention of the Patent Trial and Appeal Board Hearings Clerk at both:
- the USPTO Central Fax number, (571) 273-8300, and
- the PTAB Hearing Fax number, (571)273-9797.
In the case of an inter partes reexamination appeal, the requester should also send a copy of the request to the other party. The request should set forth the reasons why the requester believes additional time is necessary. The fact that the appeal involves many issues generally is an insufficient reason to warrant the grant of additional argument time. Rather, the request should further set forth
- why the issues to be argued are of such a nature that they cannot be adequately addressed in the Appeal Brief, and
- why the issues to be addressed at the oral hearing warrant additional time be granted prior to the oral hearing.
The Hearings Clerk will forward the request to the assigned panel for its consideration and recommendations. An order will then be issued granting or denying the request. In the event that the request for additional argument time is denied, the panel may nonetheless maintain the request under consideration, and upon a renewed request by the party at the hearing's outset, grant additional time in the course of the hearing if the panel finds that doing so would help clarify the issues being discussed.
Trials
In the case of an AIA trial or interference, the judge(s) handling the matter will hold a telephone conference with the parties to discuss the time required for the oral hearing and will issue an order specifying the time allotted for the hearing.