On January 16, 2018, the USPTO will increase its fees for inter partes reviews (IPR), post-grant reviews (PGR), and covered business method reviews (CBM). We updated Finnegan’s AIA Blog to reflect these new fees, which are also shown below. The base cost for an IPR increases from $23,000 to $30,500. Increases for PGR and CBM are more modest, but excess claims fees uniformly increase by 50% regardless of the proceeding type.
|
Fee Code |
37 CFR |
Description |
Current Fee (USD) |
New Fee (USD) |
Change |
|
1406 |
42.15(a)(1) |
Inter partes review request fee – Up to 20 claims |
9,000.00 |
15,500.00 |
+72% |
|
1414 |
42.15(a)(2) |
Inter partes review post-institution fee – Up to 15 claims |
14,000.00 |
15,000.00 |
+7% |
|
1407 |
42.15(a)(3) |
Inter partes review request of each claim in excess of 20 |
200.00 |
300.00 |
+50% |
|
1415 |
42.15(a)(4) |
Inter partes post-institution request of each claim in excess of 15 |
400.00 |
600.00 |
+50% |
|
1408 |
42.15(b)(1) |
Post-grant or covered business method review request fee – Up to 20 claims |
12,000.00 |
16,000.00 |
+33% |
|
1416 |
42.15(b)(2) |
Post-grant or covered business method review post-institution fee – Up to 15 claims |
18,000.00 |
22,000.00 |
+22% |
|
1409 |
42.15(b)(3) |
Post-grant or covered business method review request of each claim in excess of 20 |
250.00 |
375.00 |
+50% |
|
1417 |
42.15(b)(4) |
Post-grant or covered business method review post-institution request of each claim in excess of 15 |
550.00 |
825.00 |
+50% |
The fees are identical for large, small, and micro entities. 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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