What happens if I don’t pay the full fee for an ex parte reexamination request?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. What happens if I don’t pay the full fee for an ex parte reexamination request? Failure to pay the full fee for an ex parte reexamination request can result in the request being treated as not having been filed. According to MPEP 2215 : “If the request for ex parte reexamination is filed by the patent owner and the fee is not paid, the request is considered not to have been filed. See 37 CFR 1.20(c)(1).” For third-party requesters, the consequences are similar: “If the request for ex parte reexamination is filed by a third party requester and the fee is not paid in its entirety, the request for ex parte reexamination will be considered to be incomplete.” To avoid these issues: Ensure you pay the correct fee for your entity size Double-check that the payment has been processed successfully If using a deposit account, make sure it has sufficient funds If you realize you’ve underpaid, contact the USPTO promptly to resolve the issue and potentially save your filing date. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Refund for Incomplete Ex Parte Reexamination Request MPEP 2215 Refund for Denied Ex Parte Reexamination Request MPEP 2215 Filing Fee Required for Ex Parte Reexamination Request Before January 16, 2018 MPEP 2215 Required Ex Parte Reexamination Filing Fee Must Be Paid MPEP 2215 Required Filing Fee for Ex Parte Reexamination Requests Filed Before January 16, 2018 MPEP 2215 Reduced Fee for Streamlined Ex Parte Reexamination Requests MPEP 2215 Permitted Third-Party Requester Cannot Establish Micro Entity Status MPEP 2215 Prohibited Different Filing Fees for Large, Small, and Micro Entities MPEP 2215 Excess Claims Fees for Patent Owner's Request with Propose...