MPEP Q&A 116: Consequence That May Result Where Patent Owner Fails to Make Timely Appeal After the Issuance of a Right of Appeal Notice - a podcast by Lisa Parmley, USPTO Patent Practitioner #51006

Question: What is one consequence that may result where the patent owner fails to make a timely appeal after the issuance of a Right of Appeal Notice, or where a timely patent owner’s appeal is subsequently dismissed? Answer: Where the patent owner fails to make a timely appeal after the issuance of a Right of Appeal Notice, or where a timely patent owner’s appeal is subsequently dismissed, the following consequences would result: If no claim was found patentable at the time that the patent owner fails to take the timely action, a NIRC will immediately be issued. Where at least…

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