Reply Briefs in Ex Parte Appeals

FederalAgency guidance

Ask Donna

How this section applies to your facts.

USPTO TMEP › Chapter 1500 - Post-Examination Procedures › TMEP § 1501.02(c)

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

The applicant may file a brief in reply to the

examining attorney’s appeal brief. Reply briefs must be filed within twenty days of

the date of issuance of the examining attorney’s brief.

37 C.F.R.

§2.142(b)(1)

. The examining attorney may not file a written

response to the reply brief. However, in the oral argument (if the applicant requests

an oral argument), the examining attorney should respond to any significant issues

raised in the applicant’s reply brief.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.