What happens if I don’t pay the full fee for an ex parte reexamination request?
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.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2215 - Fee For Requesting Ex Parte Reexamination Under 35 U.S.C. 302,
Patent Law,
Patent Procedure