What is the fee structure for requesting ex parte reexamination under 35 U.S.C. 302?
The fee structure for requesting ex parte reexamination under 35 U.S.C. 302 depends on the filing date and the nature of the request:
- For requests filed on or after January 16, 2018:
- A reduced fee under 37 CFR 1.20(c)(1) for “streamlined” requests (40 or fewer pages and meeting specific requirements)
- A higher fee under 37 CFR 1.20(c)(2) for “non-streamlined” requests
- For requests filed before January 16, 2018:
- The fee is set forth in former 37 CFR 1.20(c)(1)
The fees also vary based on the entity status (large, small, or micro entity) of the requester.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2215 - Fee For Requesting Ex Parte Reexamination Under 35 U.S.C. 302,
Patent Law,
Patent Procedure