What happens to fees in merged reexamination proceedings?

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.

When reexamination proceedings are merged, the fee structure is simplified. According to MPEP § 2283:

“Where the proceedings have been merged and a paper is filed which requires payment of a fee (e.g., excess claim fee, fee for request for extension of time, petition fee, appeal fee, brief fee, oral hearing fee), only a single fee need be paid.”

This means:

• Only one fee is required for actions that apply to the merged proceedings.
• For example, only one fee is needed for an appeal brief, even though it relates to multiple merged proceedings.
• The single fee applies even when copies must be filed for each file in the merged proceeding.

This fee structure helps streamline the administrative process for merged reexamination proceedings.