What is the fee for filing a petition to revive a reexamination proceeding?

The fee for filing a petition to revive a reexamination proceeding is specified in the patent fee schedule. According to 35 U.S.C. 41(a)(7), as mentioned in the MPEP:

“On filing each petition for the revival of an abandoned application for a patent, for the delayed payment of the fee for issuing each patent, for the delayed response by the patent owner in any reexamination proceeding, for the delayed payment of the fee for maintaining a patent in force, for the delayed submission of a priority or benefit claim, or for the extension of the 12-month period for filing a subsequent application, $1,700.”

It’s important to note that:

  • This fee is subject to change, so always check the current USPTO fee schedule
  • The Director may refund part of the fee in exceptional circumstances
  • Small entity and micro entity discounts may apply to this fee

The petition fee is a crucial component of the revival process and must be paid along with the submission of the petition and other required documents.

To learn more:

Topics: MPEP 2600 - Optional Inter Partes Reexamination, MPEP 2668 - Petition For Entry Of Late Papers For Revival Of Reexamination Proceeding, Patent Law, Patent Procedure
Tags: 35 U.S.C. 41(A)(7), petition fee, Reexamination Revival, USPTO fees