Appealing a patent rejection costs $3,440 in USPTO fees
To appeal an examiner's rejection to the Patent Trial and Appeal Board, you pay $905 for the notice of appeal and $2,535 to forward the appeal to the Board, $3,440 in total at the regular rate. Filing the appeal brief is free. An oral hearing costs $1,460 more.
Patent appeal fees (regular / small / micro)
| Notice of appeal | $905 regular / $362 small / $181 micro |
|---|---|
| Appeal brief | $0 |
| Forwarding the appeal to the Board | $2,535 regular / $1,014 small / $507 micro |
| Request for oral hearing | $1,460 regular / $584 small / $292 micro |
| Notice plus forwarding, regular | $3,440 |
|---|---|
| Notice plus forwarding, small | $1,376 |
| Notice plus forwarding, micro | $688 |
| With oral hearing, regular | $4,900 |
The forwarding fee is due only if the appeal goes on to the Board after the examiner's answer. Source: USPTO fee schedule, effective January 19, 2025, last revised August 14, 2026.
What this price covers
An appeal asks judges at the Board to review the rejection. Attorney fees for writing the brief are extra and often much larger.
What changes your price
- Your fee level. Small entities pay 40 percent of the regular fee and micro entities pay 20 percent, if they qualify.
- Oral hearing. Adds $292 to $1,460.
Ways to pay less
- If the examiner drops the rejection after your brief, the appeal is never forwarded and the $2,535 is not due.
- Skip the oral hearing unless it adds something the brief cannot.
How we got these numbers
Every fee on this page comes from the USPTO fee schedule. Each fee has three levels: the regular fee, the small entity fee and the micro entity fee. Small and micro entity status have their own rules, set out in 37 CFR 1.27 and 1.29. The USPTO says a false small or micro entity claim can bring a penalty of at least three times the fee that was not paid. Where we show a total, we only add up the USPTO's own fees. We do not add our own guesses, and patent attorney or agent fees are not included. We last checked the schedule on September 26, 2026.
Common questions
How much is a patent appeal?
$3,440 at the regular rate for the notice and forwarding fees.
Is the appeal brief free?
Yes, it has no fee.