What is the fee structure for requesting ex parte reexamination under 35 U.S.C. 302?

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.

The fee structure for requesting ex parte reexamination under 35 U.S.C. 302 depends on the filing date and the nature of the request:

• For requests filed on or after January 16, 2018:
  • A reduced fee under 37 CFR 1.20(c)(1) for “streamlined” requests (40 or fewer pages and meeting specific requirements)
  • A higher fee under 37 CFR 1.20(c)(2) for “non-streamlined” requests
• For requests filed before January 16, 2018:
  • The fee is set forth in former 37 CFR 1.20(c)(1)

The fees also vary based on the entity status (large, small, or micro entity) of the requester.