Do 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 an oral hearing and/or forwarding the appeal to the Board will not be required to be paid again except if a final Board decision has been made on the first appeal.”

However, if the appeal fees have increased since they were previously paid, you must pay the difference between the current fee(s) and the amount previously paid.

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Tags: appeal fees, appeal reinstatement, fee differences, patent appeal costs