What are the fee requirements if an applicant elects to reopen prosecution after a Board decision?

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.

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 appeal fees if a new appeal is filed.”

This means that choosing to reopen prosecution effectively ends the current appeal, and any future appeal would be treated as a new appeal requiring payment of all applicable fees.