What fees are associated with filing a Notice of Appeal?
Filing a Notice of Appeal requires payment of specific fees as set by the USPTO. According to the MPEP, “The fees for appeal as set forth in 35 U.S.C. 41(a)(6) have been adjusted by rule at 37 CFR 41.20(b).” These fees include:
- Fee for filing a notice of appeal (37 CFR 41.20(b)(1))
- Fee for filing an appeal brief (37 CFR 41.20(b)(2)(i)) – Note: As of March 19, 2013, this fee was reduced to $0
- Fee for requesting an oral hearing (37 CFR 41.20(b)(3))
- Appeal forwarding fee (37 CFR 41.20(b)(4))
It’s important to note that “Appeal fees (notice of appeal, petition, and appeal forwarding fees) due under 37 CFR 41.20 cannot be paid using a general authorization to a deposit account under 37 CFR 1.25(b), which only authorizes payment of fees under 37 CFR 1.16 through 1.18.” Therefore, these fees must be paid separately.
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