What happens to fees in merged reexamination proceedings?

When reexamination proceedings are merged, the fee structure is simplified. According to MPEP § 2283:

“Where the proceedings have been merged and a paper is filed which requires payment of a fee (e.g., excess claim fee, fee for request for extension of time, petition fee, appeal fee, brief fee, oral hearing fee), only a single fee need be paid.”

This means:

  • Only one fee is required for actions that apply to the merged proceedings.
  • For example, only one fee is needed for an appeal brief, even though it relates to multiple merged proceedings.
  • The single fee applies even when copies must be filed for each file in the merged proceeding.

This fee structure helps streamline the administrative process for merged reexamination proceedings.

To learn more:

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2283 - Multiple Copending Ex Parte Reexamination Proceedings, Patent Law, Patent Procedure
Tags: Merged Reexamination Fees, Reexamination Costs, Single Fee Payment