On September 30, 2016, the USPTO issued a press release seeking comments on proposed patent fee adjustments. The announcement notes that the proposed increases include several PTAB AIA trial fees, “aimed at better aligning these fees with the USPTO’s costs and aiding the PTAB to continue to meet required AIA deadlines.” The USPTO also notes that even with these increases, which the Office says are generally at or below their costs, AIA trials will remain considerably less expensive than traditional litigation.

Some examples of AIA increases include:

Inter Partes Review Request Fee – up to 20 Claims increases to $14,000 (+$5,000)
Inter Partes Review Post-Institution Fee – Up to 15 Claims increases to $16,500 (+$2,500)
Post-Grant or Covered Business Method Review Request Fee – Up to 20 Claims increases to $16,000 (+$4,000)
Post-Grant or Covered Business Method Review Post-Institution Fee – Up to 15 Claims increases to $22,000 (+$4,000)

The window for public comments closes on December 2, 2016.

The USPTO announcement can be found here: Link

The Federal Register notice can be found here: Link

By: Dave Maiorana

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Post Grant Review is a form of administrative litigation proceeding for directly challenging the validity of an issued patent before a panel of administrative law judges (ALJ panel). Jones Day's PTAB team is uniquely suited to handle these litigation-style Post Grant Review proceedings at the U.S. Patent Office. See our contacts page for more information.