USPTO tacks hefty fees on new patent procedures
03 February 2012
Eileen McDermott, New York
Independent inventors and SMEs may be out of luck if they want their patents reviewed by the USPTO
If the Office's proposed fees for supplemental patent examination and reexamination are any indication, getting patents reviewed through the new USPTO procedures rather than settling or ending up in court may not be an option for smaller entities.
The Office published rules to implement the supplemental examination provision and to revise fees for ex parte and inter partes reexamination last week. But the rules package everyone is waiting for – those to implement the inter partes review and post grant review procedures – is due out next week, about two weeks later than planned.
Many were surprised by how high the Office has proposed to make the supplemental examination and reexamination fees. The present fee for requesting ex parte patent reexamination is $2,520 and the proposed new fee is $17,750. The fees...
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