Author: Aaron L. Parker
Editor: Jeffrey A. Berkowitz
On January 18, 2013, the USPTO identified a fee schedule that became effective on March 19, 2013 (Federal Register/ Vol. 78, No. 13/ January 18, 2013/ Part II/ 37 CFR Parts 1, 41, and 42 – Setting and Adjusting Patent Fees; Final Rule). This fee schedule listed the final fees relating to patent trials created under the AIA, including inter partes review, post-grant review, and the transitional program for covered business method patents. A chart providing the relevant fees is below:
|Fee Code||37 CFR||Description||Fee (USD)|
|1406||42.15(a)(1)||Inter partes review request fee – Up to 20 claims||9,000.00|
|1414||42.15(a)(2)||Inter partes review post-institution fee – Up to 15 claims||14,000.00|
|1407||42.15(a)(3)||Inter partes review request of each claim in excess of 20||200.00|
|1415||42.15(a)(4)||Inter partes post-institution request of each claim in excess of 15||400.00|
|1408||42.15(b)(1)||Post-grant or covered business method review request fee – Up to 20 claims||12,000.00|
|1416||42.15(b)(2)||Post-grant or covered business method review post-institution fee – Up to 15 claims||18,000.00|
|1409||42.15(b)(3)||Post-grant or covered business method review request of each claim in excess of 20||250.00|
|1417||42.15(b)(4)||Post-grant or covered business method review post-institution request of each claim in excess of 15||550.00|
Each of the fees identified in the chart are due at the time of the filing of the inter partes review (IPR), post-grant review (PGR), or covered business method review (CBM TPGR).
DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.