Patent bar Appeals, petitions and revival question: appeal brief

Answer: B. Tuesday, June 2, 2026, two months after the Office received the notice of appeal

Answer: Tuesday, June 2, 2026, two months after the Office received the notice of appeal. The brief is due two months from the filing of the notice of appeal (37 CFR 41.37(a)). The 2-month period is measured from the Office's date of receipt of the notice, not the date on a 37 CFR 1.8 certificate of mailing (MPEP 1205.01), so it runs from Thursday, April 2 to Tuesday, June 2, 2026. Once a timely notice of appeal is filed, the period for reply set in the final action no longer governs the brief. Why not the others: - June 1 from the certificate date: a certificate of mailing makes the notice timely but does not move its filing date for computing the brief period. - May 11, the end of the final rejection's reply period: that period is tolled by the notice of appeal and is irrelevant to the brief. - Three months from receipt: the rule allows two months; more time requires an extension. - Six months from the final rejection is the outer limit for replying to that action, not a deadline for the appeal brief. Rule: The appeal brief is due two months from the Office's receipt date of the notice of appeal, extendable under 37 CFR 1.136(a). Source: MPEP § 1205.01, § 512 (9th ed., Rev. 01.2024); 37 CFR 41.37(a), 1.8; as at Oct 2026