What are the fee requirements if an applicant elects to reopen prosecution after a Board decision?

If an applicant elects to reopen prosecution after a Board decision, they would have to pay the appeal fees if a new appeal is subsequently filed. The MPEP states:

“Moreover, if applicant elects to reopen prosecution under 37 CFR 41.50(a)(2)(ii) or 41.50(b)(1) after a decision by the Board, then applicant would have to pay the appeal fees if a new appeal is filed.”

This means that choosing to reopen prosecution effectively ends the current appeal, and any future appeal would be treated as a new appeal requiring payment of all applicable fees.

To learn more:

• reopening prosecution
• Board decision
• appeal fees
• new appeal