PTAB Filing Fees

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.

Leave a Reply

Your email address will not be published. Required fields are marked *