What is the appeal forwarding fee and how does it affect interviews?
The appeal forwarding fee is a fee introduced by the USPTO that must be paid to forward an appeal to the Patent Trial and Appeal Board (PTAB) after the examiner’s answer has been mailed. This fee was established on March 19, 2013, as stated in the MPEP:
“Effective March 19, 2013, 37 CFR 41.20(b)(4) sets a fee to forward an appeal to the Board after the mailing of an examiner’s answer.”
The introduction of this fee affects the interview process in the following way:
- Interviews are generally not permitted after the examiner’s answer is mailed and before this fee is paid.
- This restriction helps maintain a clear record for the appeal and prevents confusion in the process.
- Exceptions to this rule are rare and typically only allowed in unusual circumstances.
Applicants should be aware of this fee and its implications when considering their strategy for patent appeals and interviews.
To learn more: