Can the time period for paying excess claims fees be extended in reexamination?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, the time period for paying excess claims fees in reexamination can be extended. According to MPEP 2666.04:

“An extension of time to correct the fee deficiency may be requested under 37 CFR 1.956.”

This means that if you receive a Notice of Defective Paper In Inter Partes Reexamination (PTOL-2069) for unpaid excess claims fees, you can request an extension of the one-month time period initially set for payment. The extension request must be filed under 37 CFR 1.956, which governs extensions of time in inter partes reexamination proceedings.

It’s important to note that if the fees are not paid within the set time period, including any granted extensions, the reexamination proceeding may face termination or limitation as specified in 37 CFR 1.957.