Within the time frame allotted under 37 C.F.R. § 42.71(d), a party may file one request for rehearing of a DRP decision, subject to the requirements explained below. As above, in cases where the DRP remands a decision to the Board for further proceedings, a party may file one request for rehearing of the Board’s decision on remand, and may not file a request for rehearing of the underlying DRP decision remanding the decision to the Board.
A request for rehearing is not an opportunity to raise new issues, re-argue issues, or disagree with the determinations by the DRP or Board on remand. Instead, the rehearing request must specifically identify what matter was misapprehended or overlooked by the DRP or Board on remand. Accord 37 C.F.R. § 42.71(d).
A party may file a single request for rehearing without prior authorization, and that party carries the burden of showing that the decision of the DRP or Board on remand should be modified. 37 C.F.R. §§ 42.20(c), 42.71(d). A response to a request for rehearing is not permitted unless expressly authorized.
A party requesting rehearing must file a request for rehearing in the proceeding for which review is sought, and email the USPTO at DRP_PTABDecision@uspto.gov, copying counsel for all parties.
A request for rehearing is subject to the same page limits and formatting requirements in 37 C.F.R. §§ 42.24(a)(1)(v) and 42.6, and is subject to the same timing requirements set forth in 37 C.F.R. § 42.71(d).
During the pendency of a request for rehearing of a DRP decision, jurisdiction over the proceeding remains solely with the DRP. The Board may not take any action in the proceeding while the request for rehearing is pending, without express authorization from the DRP.