How is the filing date determined for an ex parte reexamination request?
The filing date of an ex parte reexamination request is determined based on when all requirements are met. According to MPEP 2227: “The filing date of the request for ex parte reexamination is the date on which the request satisfies all the requirements of this section.” This means that the request must comply with all…
Read MoreWhat is the fee for filing an ex parte reexamination request?
What is the fee for filing an ex parte reexamination request? The fee for filing an ex parte reexamination request varies depending on the entity size. As of September 2022: For large entities: $6,500 For small entities: $3,250 For micro entities: $1,625 These fees are subject to change. Always check the current USPTO fee schedule…
Read MoreWhat 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…
Read MoreAre refunds available for ex parte reexamination fees?
Yes, refunds are available for ex parte reexamination fees under certain circumstances: If the request is denied or vacated: A refund will be made in accordance with 37 CFR 1.26(c)(1) For more information on denied requests, see MPEP § 2247 and § 2248 For more information on vacated requests, see MPEP § 2227 and §…
Read MoreWhen is the ex parte reexamination fee refunded in a supplemental examination proceeding?
The ex parte reexamination fee paid as part of a supplemental examination request may be refunded under specific circumstances. According to the MPEP: “The fee under 37 CFR 1.20(k)(2) for ex parte reexamination ordered as a result of a supplemental examination proceeding will be refunded, in accordance with 37 CFR 1.610(d), if the supplemental examination…
Read MoreAre there any circumstances where the ex parte reexamination fee can be refunded?
Are there any circumstances where the ex parte reexamination fee can be refunded? The USPTO has specific rules regarding refunds of ex parte reexamination fees. According to MPEP 2215: “If the Director decides not to institute reexamination under 35 U.S.C. 303(c), the reexamination filing fee will be refunded in accordance with 37 CFR 1.26(c).” However,…
Read MoreWhat happens if a higher fee is paid for an ex parte reexamination request than required?
If a higher fee is paid for an ex parte reexamination request than required, the following process applies: The higher fee will be accepted by the USPTO The requester can file a request for a refund The refund request should include reasons why the requester believes the original request meets the requirements for a reduced…
Read MoreCan I submit an ex parte reexamination request by fax?
No, you cannot submit an ex parte reexamination request by fax. The MPEP clearly states: “A request for ex parte reexamination may not be sent by facsimile transmission (FAX). See 37 CFR 1.6(d)(5).” This prohibition also applies to corrected or completed requests sent in response to a notice of non-compliance. However, subsequent correspondence in ex…
Read MoreWhat are the rules for extending time in ex parte reexamination proceedings?
The rules for extending time in ex parte reexamination proceedings are as follows: Extensions under 37 CFR 1.136 are not permitted in ex parte reexamination proceedings. Extensions of time are provided for in 37 CFR 1.550(c). Any request for an extension must specify the requested period of extension and be accompanied by the petition fee…
Read MoreWhat documents must be submitted with an ex parte reexamination request?
When filing an ex parte reexamination request, the following documents must be submitted: A copy of each patent or printed publication relied on or referred to in the request English language translations of any non-English documents, including all necessary and pertinent parts As stated in MPEP 2218: “It is required that a copy of each…
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