Are additional appeal fees required when responding to a Board remand?

This page is an FAQ based on guidance 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.

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 additional briefing, the appellant can respond without incurring additional appeal fees.