Initially a pilot program in 2005, a pre-appeal brief conference is a procedure allowing a Patent Applicant to get limited review from an appellate panel before they dedicate the time and expense of filing an appeal brief.
However, arguments are limited to five pages, and the patent applicant must be able to point to "clear error" by the Examiner (arguments about how the prior art has been interpreted or characterized by the Examiner are typically not well suited to be advanced by this procedure).
Even if you are unsuccessful during your Pre-Appeal Brief Conference, you will not be foreclosed from filing an Appeal Brief.
For more on the Pre-Appeal Brief Conference, please see an article at IP Watchdog:
www.ipwatchdog.com/2017/01/12/pre-appeal-brief-conference-winning-strategy/id=76897/
However, arguments are limited to five pages, and the patent applicant must be able to point to "clear error" by the Examiner (arguments about how the prior art has been interpreted or characterized by the Examiner are typically not well suited to be advanced by this procedure).
Even if you are unsuccessful during your Pre-Appeal Brief Conference, you will not be foreclosed from filing an Appeal Brief.
For more on the Pre-Appeal Brief Conference, please see an article at IP Watchdog:
www.ipwatchdog.com/2017/01/12/pre-appeal-brief-conference-winning-strategy/id=76897/
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