How are the fees for supplemental examination established?
The fees for supplemental examination are established in accordance with statutory requirements. As stated in the MPEP:
“Consistent with the requirement in 35 U.S.C. 257(d) to establish fees, 37 CFR 1.610(a) requires that the request be accompanied by the fee for filing a request for supplemental examination as set forth in 37 CFR 1.20(k)(1), the fee for ex parte reexamination ordered as a result of a supplemental examination proceeding as set forth in 37 CFR 1.20(k)(2), and any applicable document size fees as set forth in 37 CFR 1.20(k)(3).”
The USPTO sets these fees through rulemaking processes, taking into account factors such as the cost of processing requests, conducting examinations, and maintaining the patent system. The fees are periodically reviewed and adjusted as needed to ensure they reflect current costs and operational needs.
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