MPEP Section 2276, Oral Hearing

Executive summary:

This document contains Section 2276 ("Oral Hearing") of the Manual of Patent Examining Procedure (the "M.P.E.P."), Eighth Edition, Eighth Revision (July 2010). This page was last updated in January 2011. You may return to the section index to find a particular section. Alternatively, you may search the MPEP using the search box that appears on the left side of every page of BitLaw--you may restrict your search to the MPEP on the search results page.

For more information on patent law, please see the Patent Section of BitLaw. For patent services, see the Beck & Tysver pages.

Previous Section (§2275) | Next Section (§2277)

2276 Oral Hearing [R-3]

If appellant (patent owner) desires an oral hearing, appellant must file a written request for such hearing accompanied by the fee set forth in 37 CFR *>41.20(b)(3)< within 2 months after the date of the examiner's answer >or supplemental examiner's answer. The time for requesting an oral hearing may not be extended. 37 CFR 41.73(b). No appellant will be permitted to participate in an oral hearing unless he or she has requested an oral hearing and submitted the fee set forth in 37 CFR 41.20(b)(3)<.

Where the appeal involves reexamination proceedings, oral hearings are open to the public as observers (subject to the admittance procedures established by the Board), unless the appellant (A) *>petitions under 37 CFR 41.3< that the hearing not be open to the public>,< * (B) presents *>sufficient< reasons for such a request>, (C) pays the petition fee set forth in 37 CFR 41.20(a), and (D) the petition is granted<.

MPEP § 1209 relates to oral hearings in appeals in both patent applications and ex parte reexamination proceedings.