Effective as of October 2, 2020, fees associated with inter partes review (“IPR”) and post grant review (“PGR”) proceedings will increase as follows:
IPR request fee (up to 20 claims) will increase from $15,500 to $19,000.
IPR post-institution fee (up to 20 claims) will increase from $15,000 to $22,500.
IPR request fee for each claim in excess of 20 will increase from $300 to $375.
IPR post-institution request fee for each claim in excess of 20 will increase from $600 to $750.
PGR request fee (up to 20 claims) will increase from $16,000 to $20,000.
PGR post-institution fee (up to 20 claims) will increase from $22,000 to $27,500.
PGR review request fee for each claim in excess of 20 will increase from $375 to $475.
PGR post-institution request fee for each claim in excess of 20 will increase from $825 to $1,050.
On and after October 2, 2020, upon filing a petition for IPR of 20 claims or less, 37 CFR 42.15 will make the following fees due: (1) IPR request fee; and (2) IPR post-institution fee. Hence, commencement of an IPR will, at minimum, cost $41,500.
Similarly, on and after October 2, 2020, upon filing a petition for PGR of 20 claims or less, 37 CFR 42.15 will make the following fees due: (1) PGR request fee; and (2) PGR post-institution fee. Hence, commencement of a PGR will, at minimum, cost $47,500.
Other fees imposed by the USPTO will increase under the Fiscal Year 2020 Final Patent Fee Schedule. For qualifying parties, small entity and micro entity discounts will be available for most fees. For more information regarding the setting and adjustment of patent fees during the 2020 fiscal year, see: https://www.uspto.gov/about-us/performance-and-planning/summary-fy-2020-final-patent-fee-rule.
This information is provided by Bailey & Company, Attorneys & Counselors, P.A. (“Bailey & Company”), solely for informational purposes. This information does not form, nor should it be construed to form, an attorney-client relationship, or any other fiduciary relationship, with Bailey & Company or any attorney, agent, or employee of Bailey & Company. For additional information about the topic of this article, contact Drew Bailey.