What are the fees for adding claims in an inter partes reexamination?
The fees for adding claims in an inter partes reexamination vary based on the type of claim and the entity status of the patent owner. According to MPEP 2666.04, the fees are as follows: For each independent claim in excess of three and also in excess of the number of independent claims in the patent…
Read MoreWhere can I find the current patent maintenance fee amounts?
To find the current patent maintenance fee amounts, you have two primary options according to MPEP 2520: Contact the Maintenance Fee Branch of the USPTO directly. Visit the USPTO Fee Information website. The MPEP states: “The Maintenance Fee Branch may be contacted or the USPTO Fee Information website (www.uspto.gov/Fees) may be accessed for the current…
Read MoreHow are fees handled in merged reexamination proceedings?
In merged reexamination proceedings, the USPTO simplifies the fee structure. According to MPEP 2686.01: “Where the proceedings have been merged and a paper is filed which requires payment of a fee (e.g., excess claims fee, extension of time fee, petition fee, appeal fee, brief fee, oral hearing fee), only a single fee need be paid.”…
Read MoreWhat is the fee for filing a petition to revive a reexamination proceeding?
The fee for filing a petition to revive a reexamination proceeding is specified in the patent fee schedule. According to 35 U.S.C. 41(a)(7), as mentioned in the MPEP: “On filing each petition for the revival of an abandoned application for a patent, for the delayed payment of the fee for issuing each patent, for the…
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 MoreIs there a fee for submitting prior art citations or written statements to the USPTO?
No, there is no fee required for submitting prior art citations or written statements to the USPTO for placement in patent files. As stated in MPEP 2202: “Submission may be made without payment of a fee.“ This applies to both prior art citations and written statements concerning claim scope. These submissions can be made independently…
Read MoreWhen did excess claims fees become applicable in reexamination proceedings?
Excess claims fees became applicable in reexamination proceedings on December 8, 2004. The MPEP 2666.04 states: “The excess claims fees specified in 37 CFR 1.20(c) apply to all patents eligible for inter partes reexamination. The fees must be submitted for any excess claims presented in a reexamination proceeding on or after December 8, 2004 (no…
Read MoreHow are excess claim fees handled in ex parte reexamination requests?
Excess claim fees may apply to ex parte reexamination requests under certain circumstances: When the request is filed by the patent owner The request includes a proposed amendment in accordance with 37 CFR 1.530 The MPEP states: “In addition, regardless of which filing fee is submitted, if the request under 35 U.S.C. 302 is filed…
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 MoreHow does entity status affect ex parte reexamination fees?
The entity status of the requester affects the fees for ex parte reexamination requests under 35 U.S.C. 302. According to the MPEP: “Pursuant to 37 CFR 1.20(c)(1) and (c)(2), there are different filing fees for a large entity, a small entity and a micro entity, when filing a request for ex parte reexamination under 35…
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