AT THE PTAB BLOG

PTAB Filing Fees

Effective January 16, 2018, the USPTO charges the following fees for inter partes review (IPR), post-grant review (PGR), and the transitional program for covered business method review (CBM):

Fee code	37 CFR	Description	Fee	Small entity fee	Micro entity fee
1405/2405/3405	41.20(a)	Petitions to the Chief Administrative Patent Judge under 37 CFR 41.3	420.00	420.00	420.00
1401/2401/3401	41.20(b)(1)	Notice of appeal	840.00	420.00	210.00*
n/a	41.20(b)(2)(i)	Filing a brief in support of an appeal	0.00	0.00	0.00
1404/2404/3404	41.20(b)(2)(ii)	Filing a brief in support of an appeal in an inter partes reexamination proceeding	2,100.00	1,050.00	525.00*
1403/2403/3403	41.20(b)(3)	Request for oral hearing	1,360.00	680.00	340.00*
1413/2413/3413	41.20(b)(4)	Forwarding an appeal in an application or ex parte reexamination proceeding to the Board	2,360.00	1,180.00	590.00*
1406/2406/3406	42.15(a)(1)	Inter partes review request fee - Up to 20 claims	19,000.00	19,000.00	19,000.00
1414/2414/3414	42.15(a)(2)	Inter partes review post-institution fee - Up to 20 claims	22,500.00	22,500.00	22,500.00
1407/2407/3407	42.15(a)(3)	Inter partes review request of each claim in excess of 20	375.00	375.00	375.00
1415/2415/3415	42.15(a)(4)	Inter partes post-institution request of each claim in excess of 20	750.00	750.00	750.00
1408/2408/3408	42.15(b)(1)	Post-grant or covered business method review request fee - Up to 20 claims	20,000.00	20,000.00	20,000.00
1416/2416/3416	42.15(b)(2)	Post-grant or covered business method review post-institution fee - Up to 20 claims	27,500.00	27,500.00	27,500.00
1409/2409/3409	42.15(b)(3)	Post-grant or covered business method review request of each claim in excess of 20	475.00	475.00	475.00
1417/2417/3417	42.15(b)(4)	Post-grant or covered business method review post-institution request of each claim in excess of 20	1,050.00	1,050.00	1,050.00
1412/2412/3412	42.15(c)(1)	Petition for a derivation proceeding	420.00	420.00	420.00
1411/2411/3411	42.15(d)	Request to make a settlement agreement available and other requests filed in a patent trial proceeding	420.00	420.00	420.00
1418	42.15(e)	Pro hac vice admission fee	250.00	n/a	n/a
* Third-party filers are not eligible for the micro entity fee.

The fees are identical regardless of whether the petitioner is considered a large, small, or micro entity for purposes of calculating other USPTO fees. Each of the fees identified in the chart are due at the time the IPR, PGR, or CBM is filed—even the post-institution fees. If a proceeding is not instituted, the petitioner may request a refund of the post-institution fees.

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