Are micro entity fee reductions available in inter partes reexamination proceedings?
Micro entity fee reductions are available in inter partes reexamination proceedings, but with specific limitations:
- For patent owners: Micro entity reductions are available for certain fees.
- For third party requesters: Micro entity reductions are not available.
As stated in the MPEP: Micro entity reductions are available to patent owners only. Specifically, micro entity and small entity reductions under 35 U.S.C. 41(h)(1) are available to the patent owner for extension of time fees, appeal fees, brief fees, oral hearing fees, excess claims fees, and petition fees.
It’s important to note that while third party requesters can benefit from small entity reductions for certain fees, they cannot claim micro entity status.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2634 - Fee Processing And Procedure,
Patent Law,
Patent Procedure