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 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 a new appeal is later filed.”
For example, if the Board issues a decision affirming a rejection and the appellant does not seek reconsideration or file an appeal, then the decision on the appeal is final. Any subsequent prosecution resulting in a new appeal would require the payment of all appeal fees.