---
kind: "section"
citation: "37 C.F.R. § 41.45"
title: "37"
number: "41.45"
heading: "Appeal forwarding fee."
url: "https://uscodex.org/cfr/37/41.45"
---

# §41.45. Appeal forwarding fee.

- (a) **Timing.** Appellant in an application or ex parte reexamination proceeding must pay the fee set forth in [§ 41.20(b)(4)](/cfr/37/41.20.md?p=b-4) within the later of two months from the date of either the examiner's answer, or a decision refusing to grant a petition under [§ 1.181](/cfr/37/1.181.md) of this chapter to designate a new ground of rejection in an examiner's answer.
- (b) **Failure to pay appeal forwarding fee.** On failure to pay the fee set forth in [§ 41.20(b)(4)](/cfr/37/41.20.md?p=b-4) within the period specified in [paragraph (a)](#a) of this section, the appeal will stand dismissed.
- (c) **Extensions of time.** Extensions of time under [§ 1.136(a)](/cfr/37/1.136.md?p=a) of this title for patent applications are not applicable to the time period set forth in this section. See [§ 1.136(b)](/cfr/37/1.136.md?p=b) of this title for extensions of time to reply for patent applications and [§ 1.550(c)](/cfr/37/1.550.md?p=c) of this title for extensions of time to reply for ex parte reexamination proceedings.

## Notes

### Amendments

[78 FR 17107, Mar. 20, 2013]

### Authority

Authority: 35 U.S.C. 2(b)(2), 3(a)(2)(A), 21, 23, 32, 41, 134, 135, and Public Law 112-29.

### Source

Source: 69 FR 50003, Aug. 12, 2004, unless otherwise noted.

### Amendments

[78 FR 17107, Mar. 20, 2013]