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This form is used to appeal a decision made by an examiner regarding a patent application to the Board of Patent Appeals and Interferences.
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This request is being filed with a notice of appeal. The review is requested for the reason(s) stated on the attached sheet(s). Note: No more than five (5) pages may be provided.
The United States Patent and Trademark Office (USPTO) is the federal agency under the Department of Commerce and is responsible for granting U.S. patents and registering trademarks.
Appellant cannot request withdrawal of a properly-filed notice of appeal for the purpose of requesting a Pre-Appeal Brief Conference and must perfect the appeal by filing the appeal brief within two months of the date of the filing of the notice of appeal under 37 CFR 41.31.
A Pre-Appeal Brief Request for Review must be filed at the time of filing a Notice of Appeal and is limited to five pages of concise argument. There is a Notice of Appeal fee ranging from $168 to $840, depending on entity status, but there is no additional fee for submitting a Pre-Appeal Brief Request for Review.
The Pre-Appeal Brief Review process involves the following steps: Upon receipt of a properly filed request, a supervisor designates a panel of reviewers. The panel includes at least a supervisor and the examiner of record. The panel reviews the appellant's remarks and the examiner's rejections.
What is the total cost to file a PCT patent application? For a small entity applicant choosing the US as the International Search Authority, the initial filing cost of a PCT application will range from $3,700 to $4,500. The lower cost may be reached by minimizing or avoiding excess pages.
Based on the above statistics, appealing removes a rejection 67.1% of the time, is resolved by filing a request for Pre-Appeal Brief Conference Review 18.3% of the time, and is resolved by filing an appeal brief 27% of the time.
The text must be written in a nonscript type font (e.g., Arial, Times Roman, or Courier, preferably a font size of 12) lettering style having capital letters which should be at least 0.3175 cm. (0.125 inch) high, but may be no smaller than 0.21 cm. (0.08 inch) high (e.g., a font size of 6) (37 CFR1. 52(b)(2)(ii)).

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PTO/AIA/31 is a form used by applicants to request a supplemental examination of a patent by the United States Patent and Trademark Office (USPTO) under the America Invents Act (AIA).
The patent owner or their representative is required to file PTO/AIA/31 when they wish to seek supplemental examination of an issued patent.
To fill out PTO/AIA/31, the patent owner must provide details about the patent, including the patent number, a description of the issues to be examined, and submit any additional documents that are relevant to the supplemental examination.
The purpose of PTO/AIA/31 is to allow patent owners to address any potential issues related to patent validity and to clarify any information that may have been overlooked or incorrectly presented during the original examination.
On PTO/AIA/31, the patent owner must report the patent number, identify relevant prior art, describe the issues for supplemental examination, and include any documents that are pertinent to the examination request.
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