Patents Post-Grant: USPTO Explanation of Increased Fees

Patents Post-Grant: USPTO Explanation of Increased Fees

Cost Burdens of Post Grant Proceedings Drive Increased Fee Determinations

As discussed last week, the USPTO is proposing a significant increase to the fee for ex parte patent reexamination (EXP). Likewise, the new supplemental examination (SE) fee, should prosecution be required, is on the order of $21K. (supplemental examination fee, plus corresponding reexamination fee)

The rules package for Post Grant Review (PGR) and Inter Partes Review were expected last week (if not before). However, these packages were delayed by OMB, which has identified them as significant rule making. It is expected that the rules for PGR and IPR will publish this week. The fees for these new proceedings will be estimated based on the same analysis applied to EXP and SE and are expected to be in the $40-50k range.

For a step-by-step explanation of the USPTO's fee calculation process, and perhaps a preview of PGR and IPR fee determinations click here.

View more from Patents Post-Grant. 

.... subscribers can explore/search Patent Law resources on or access any of these Mathew Bender Patent Law publications:

Non-subscribers can purchase Patent Law treatises/resources and Mathew Bender publications from the LexisNexis Bookstore

For more information about LexisNexis products and solutions connect with us through our corporate site.