Q&A August 17, 2021
Final Rules for USPTO Patent Fee Changes Expected in Summer of 2017
- Person title
The period for stakeholder comments on the latest proposal of fee changes by the USPTO concluded on December 2, 2016. Per USPTO officials, a set of Final Rules is expected to be published in the Summer of 2017. The proposed rules include some significant increases, some of which are included below. A full list of the proposed changes can be found here.
- Inter Partes Review Request Fee (up to 20 claims) has a proposed increase to $14,000, an increase of $5,000;
- Inter Partes Review Post-Institution Fee (up to 15 claims) has a proposed increase to $16,500, an increase of $2,500;
- Post-Grant or Covered Business Method (CBM) Review Request Fee (up to 20 claims) has a proposed increase to $16,000, an increase of $4,000; and
- Post-Grant or Covered Business Method Review Post-Institution Fee (up to 15 claims) has a proposed increase to $22,000, an increase of $4,000.
Utility and Design Filings:
- Large entity utility filing, searching, and examination fee rates are proposed to increase to $300 (+$20), $660 (+$60), and $760 (+$40) respectively.
- Large entity design filing, searching, and examination fee rates are proposed to increase to $200 (+$20), $160 (+$40), and $600 (+$140), respectively.
- Discounts for small and micro entities will remain available.
- The large entity fee for the first RCE request has a proposed increase to $1,300, an increase of $100.
- 2nd and subsequent RCEs have proposed increases to $1,900, an increase of $200.
Information Disclosure Statement Filings:
- Large entity fees are proposed to increase to $240, an increase of $80.
- The large entity cost of filing a Notice of Appeal has increased $200 to $1,000.
- Forwarding an Appeal in an Application or Ex Parte Reexamination to the PTAB Board has increased $500 to $2,500 for large entities.
Fish will provide updates as further information is made available by the USPTO and the Final Rules are released.
The opinions expressed are those of the authors on the date noted above and do not necessarily reflect the views of Fish & Richardson P.C., any other of its lawyers, its clients, or any of its or their respective affiliates. This post is for general information purposes only and is not intended to be and should not be taken as legal advice. No attorney-client relationship is formed.
Blog May 15, 2023
Legal Alert: Minimizing Patent TRO and PI Risk in Europe
Article March 22, 2023
Principals Anita Meiklejohn and Caleb Bates Co-Author Article for One Nucleus Annual Review 2023
Blog March 17, 2023
Legal Alert: The USPTO’s Transition to Electronic Patent Issuance and Reduction in Period Between Issue Notification and Issue Date
Article March 8, 2023
Senior Principal Terry Mahn Authors Medical Device + Diagnostic Industry Article "This Company's False Compliance With CISPR 11 Resulted in a $12 Million FCA...
Article February 17, 2023
Principals Patrick Darno and Peter Fasse Author "Patent Strategies for Protecting Bioinformatics Inventions" for IAM
Article February 3, 2023
Fish & Richardson Attorneys Author IAM Article "Neglect Begets Opportunity in Femtech IP"
Article November 18, 2022
Principal Michael Shepherd Authors Law360 Expert Analysis, "Why PTAB 'Step 2B' Reversal Rates Are Falling"
Article October 20, 2022
Life Sciences Entrepreneur Sourcebook | Intellectual Property: What It Is and Why You Should Care
Article October 12, 2022
Principals Matt Colvin and Betsy Flanagan Author IAM Article "Five Tips to Create a Battle-Ready Portfolio From the Get-Go"
Article September 29, 2022