37 CFR § 41.45 — Appeal forwarding fee. (MPEP Coverage Index) – BlueIron IP
37 CFR § 41.45 Appeal forwarding fee.
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 41.45, including 33 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
Effective March 19, 2013, the fee for filing an appeal brief was reduced to $0 and a new forwarding fee was introduced. Ensure timely payment to avoid automatic dismissal.
What this section covers
- This section covers changes in fees for filing an appeal brief and forwarding appeals, effective March 19, 2013.
Key obligations
- Understand and comply with the new forwarding fee for appeals, which is required to be paid within a specified time.
- Ensure timely payment of the forwarding fee to avoid dismissal of the appeal, as failure to do so results in automatic dismissal.
- Adhere to the fee schedule as set by 37 CFR, ensuring all required fees are included with the appeal brief.
Practice notes
- Ensure all required fees are included with the appeal brief, including the forwarding fee if applicable.
- Avoid the mistake of not paying the forwarding fee when required, as it can result in automatic dismissal of your appeal.
Official MPEP § 41.45 — Appeal forwarding fee.
Source: USPTOLast Modified: 10/30/2024 08:50:22
41.45 Appeal forwarding fee.
- (a) Timing. Appellant in an application or ex parte reexamination proceeding must pay the fee set forth in § 41.20(b)(4) within the later of two months from the date of either the examiner’s answer, or a decision refusing to grant a petition under § 1.181 of this chapter to designate a new ground of rejection in an examiner’s answer.
- (b) Failure to pay appeal forwarding fee. On failure to pay the fee set forth in § 41.20(b)(4) within the period specified in paragraph (a) of this section, the appeal will stand dismissed.
- (c) Extensions of time. Extensions of time under § 1.136(a) of this title for patent applications are not applicable to the time period set forth in this section. See § 1.136(b) of this title for extensions of time to reply for patent applications and § 1.550(c) of this title for extensions of time to reply for ex parte reexamination proceedings.
[Added, 78 FR 4212, Jan. 18, 2013, effective Mar. 19, 2013; revised 78 FR 17102, Mar. 20, 2013, effective Mar. 20, 2013]
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- Appeal Notice
- Appeal Withdrawal
- Board Decision
- Examiner Answer
- Judicial Review
- Reply Brief
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- Maintenance Fee Late
- Patent Expiration Maintenance
- Patent Reinstatement
- Maintenance Fee Payment
| MPEP Section | Rules |
|---|---|
| MPEP § 1204 | |
| MPEP § 1205 | |
| MPEP § 1207.02 | |
| MPEP § 1208.01 | |
| MPEP § 1215.04 | |
| MPEP § 2730 |