37 CFR § 41.20 — Fees. (MPEP Coverage Index) – BlueIron IP
37 CFR § 41.20 Fees.
This page consolidates MPEP guidance interpreting 37 CFR § 41.20, including 97 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
The Fees section of 37 CFR 41.20 clarifies that appeal fees cannot be paid via general deposit account authorizations, ensuring compliance with specific payment requirements.
What this section covers
- This section covers the prohibition against paying appeal fees (notice of appeal, petition, and appeal forwarding fees) using a general authorization to a deposit account under 37 CFR 41.20.
- This section covers the prohibition against paying appeal fees (notice of appeal, petition, and appeal forwarding fees) using a general authorization to a deposit account under 37 CFR 41.20.
Key obligations
- Appellants must ensure that appeal fees are not paid via general deposit account authorizations and instead follow the specified payment methods.
- Applicants must pay appeal fees through the appropriate method as specified in 37 CFR 41.20.
Practice notes
- Practitioners should ensure all appeal fees are paid through the correct method to avoid payment issues.
- Avoid confusion by paying appeal fees via the specified method, as required under 37 CFR 41.20.
Official MPEP § 41.20 — Fees.
Source: USPTOLast Modified: 10/30/2024 08:50:22
41.20 Fees.
- (a)
Petition fee. The fee for filing a petition under this part is:……$420.00.
- (b)
Appeal fees.
- (1) For filing a notice of appeal from the
examiner to the Patent Trial and Appeal Board:
-
By a micro entity (§ 1.29)……$168.00
-
By a small entity (§ 1.27(a))……336.00
-
By other than a small or micro entity……840.00
TABLE 1 TO PARAGRAPH (b)(1)
-
- (2)
- (i)
For filing a brief in support of an appeal in an application or ex parte reexamination proceeding:……$0.00.
- (ii) In addition to the fee for filing a notice
of appeal, for filing a brief in support of an appeal in an
inter partes reexamination
proceeding:
-
By a micro entity (§ 1.29)……$420.00
-
By a small entity (§ 1.27(a))……840.00
-
By other than a small or micro entity……2,100.00
TABLE 2 TO PARAGRAPH (b)(2)(ii)
-
- (i)
- (3) For filing a request for an oral hearing before
the Board in an appeal under
35 U.S.C.
134
:
-
By a micro entity (§ 1.29)……$272.00
-
By a small entity (§ 1.27(a)) ……544.00
-
By other than a small or micro entity……1,360.00
TABLE 3 TO PARAGRAPH (b)(3)
-
- (4) In addition to the fee for filing a
notice of appeal, for forwarding an appeal in an application or
ex parte reexamination proceeding to the
Board:
-
By a micro entity (§ 1.29)……$472.00
-
By a small entity (§ 1.27(a))……944.00
-
By other than a small or micro entity……2,360.00
TABLE 4 TO PARAGRAPH (b)(4)
-
- (1) For filing a notice of appeal from the
examiner to the Patent Trial and Appeal Board:
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; paras. (b)(1) through (b)(3) revised, 69 FR 52604, Aug. 27, 2004, effective Oct. 1, 2004; para. (b)(3) corrected, 69 FR 55505, Sept. 15, 2004, effective Oct. 1, 2004; para. (a) revised, 69 FR 56481, Sept. 21, 2004, effective Nov. 22, 2004; para. (b) revised, 70 FR 3880, Jan. 27, 2005, effective Dec. 8, 2004; paras. (b)(1) through (b)(3) revised, 72 FR 46899, Aug. 22, 2007, effective Sept. 30, 2007; para. (b) revised, 73 FR 47534, Aug. 14, 2008, effective Oct. 2, 2008; para. (b) revised, 77 FR 54360, Sept. 5, 2012, effective Oct. 5, 2012; revised, 78 FR 4212, Jan. 18, 2013, effective Mar. 19, 2013; para. (b)(4) revised, 82 FR 52780, Nov. 14, 2017, effective Jan. 16, 2018; paras. (a), (b)(1), (b)(2)(ii), (b)(3), and (b)(4) revised, 85 FR 46932, Aug. 3, 2020, effective Oct. 2, 2020; revised tables in paras. (b)(1), (b)(2)(ii) and (b)(3) and (4), 88 FR 17147, Mar. 22, 2023, effective Mar. 22, 2023]
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- Appeal Withdrawal
- Board Decision
- Examiner Answer
- Reply Brief
- Entity Status
- Small Entity
- Ex Parte Reexamination
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- Reexamination Conclusion
- Reexamination Request
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- Fees
- Interference Proceedings
- Interference Procedure
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- Ptab Contested Case