What happens if excess claims fees are not paid in an inter partes reexamination?

If excess claims fees are not paid when required in an inter partes reexamination, the USPTO will issue a notice of fee deficiency. According to MPEP 2666.04:

“If the excess claims fees required by 37 CFR 1.20(c)(3) and (c)(4) are not paid with the presentation of the excess claims, a notice of fee deficiency will be issued as a Notice of Defective Paper In Inter Partes Reexamination, PTOL-2069. A one-month time period will be set in the form PTOL-2069 for correction of the defect, i.e., the fee deficiency.”

If the fees are not paid within the set time period (including any extensions):

• The prosecution of the reexamination proceeding may be terminated under 37 CFR 1.957(b), or
• The proceeding may be limited under 37 CFR 1.957(c)

This effectively results in the “abandonment” set forth in 37 CFR 1.20(c)(5).

To learn more:

• excess claims fees
• fee deficiency
• inter partes reexamination
• USPTO procedures