What fees are required in an inter partes reexamination proceeding?
Several fees are required in an inter partes reexamination proceeding: Fee for filing the request for inter partes reexamination Fees for the addition of claims by the patent owner during the proceeding (excess claims fees) Fees for an extension of time Fees for any appeal, brief, and oral hearing Fees for all petitions filed relating…
Read MoreDo I need to pay appeal fees again when reinstating an appeal?
Generally, you do not need to pay the full appeal fees again when reinstating an appeal, unless a final Board decision has been made on the first appeal. The MPEP states: “Any previously paid appeal fees set forth in 37 CFR 41.20 for filing a notice of appeal, filing an appeal brief (if any), requesting…
Read MoreCan appeal fees be refunded if a patent appeal is withdrawn or dismissed?
The refund of appeal fees in cases of withdrawal or dismissal depends on the specific circumstances and timing. Generally: If an appeal is withdrawn prior to the filing of an appeal brief, a portion of the appeal fee may be refunded. Once an appeal brief has been filed, typically no refund is available. In cases…
Read MoreAre additional appeal fees required when responding to a Board remand?
No, additional appeal fees are not required when responding to a Board remand. The MPEP specifically states: “Responding to a requirement for briefing under 37 CFR 41.50(d) or responding to a remand under 37 CFR 41.50(e) would not require payment of additional appeal fees.” This means that when the Board remands a case or requires…
Read MoreWhat 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…
Read MoreWhat options does an appellant have after prosecution is reopened?
When prosecution is reopened after an appeal brief has been filed, the appellant has several options to avoid abandonment of the application. According to MPEP 1207.04, the options are: (A) file a reply under 37 CFR 1.111, if the Office action is non-final; (B) file a reply under 37 CFR 1.113, if the Office action…
Read MoreWhat 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…
Read MoreWhat happens if a final Board decision is made before reinstating an appeal?
If a final Board decision has been made on the first appeal, the appellant will be required to pay all appeal fees again if a new appeal is filed. The MPEP clarifies: “If the appeal results in a written decision, the Office will again require the submission of the fees under 37 CFR 41.20 if…
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