What fees are required in an inter partes reexamination proceeding?
Several fees are required in an inter partes reexamination proceeding: Fee for filing the request for inter partes reexamination Fees for the addition of claims by the patent owner during the proceeding (excess claims fees) Fees for an extension of time Fees for any appeal, brief, and oral hearing Fees for all petitions filed relating…
Read MoreHow can I pay the fee for an ex parte reexamination request?
How can I pay the fee for an ex parte reexamination request? The fee for an ex parte reexamination request can be paid through various methods accepted by the USPTO. According to MPEP 2215: “The fee for requesting ex parte reexamination may be paid by deposit account authorization, credit card, or electronic funds transfer (EFT)…
Read MoreHow do I claim small entity status for patent maintenance fees?
How do I claim small entity status for patent maintenance fees? To claim small entity status for patent maintenance fees, follow these steps: Verify that you meet the small entity requirements as defined in MPEP 2550. Submit a written assertion of entitlement to small entity status. Pay the reduced fee amount for small entities. According…
Read MoreWhat happens if an ex parte reexamination request is incomplete or the fee is not paid in full?
If an ex parte reexamination request is incomplete or the fee is not paid in full, the following occurs: The request is considered incomplete if: The appropriate filing fee (37 CFR 1.20(c)(1) or 37 CFR 1.20(c)(2)) and any applicable excess claim fees are not paid in full The request fails to meet all requirements of…
Read MoreWhat fees are associated with supplemental examination?
The USPTO charges fees for supplemental examination, as authorized by statute. The MPEP states: “35 U.S.C. 257(d)(1) provides the Director with authority to establish fees for filing a request for supplemental examination and for considering each item of information submitted with the request.” Additionally, if an ex parte reexamination is ordered as a result of…
Read MoreWhat fees are associated with filing a petition under 37 CFR 1.377?
When filing a petition under 37 CFR 1.377, there are specific fees that must be paid. The MPEP states: “The petition must be accompanied by the proper petition fee (37 CFR 1.17(g)).“ It’s important to note that the petition fee is separate from the maintenance fee itself. However, there is a provision for potentially refunding…
Read MoreWhat are the fee implications when converting an international design application?
When converting an international design application to a U.S. design application, applicants should be aware of the following fee implications: A conversion fee as set forth in 37 CFR 1.17(t) must be paid The transmittal fee and any fees forwarded to the International Bureau are not refundable Previously paid fees cannot be applied to the…
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 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…
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