By Matt Johnson

On November 14th, the USPTO issued a final rule setting and adjusting patent fees during fiscal year 2017.  The new fees, set to take effect January 16, 2018, include upward adjustments of fees for requesting Inter Partes Review (IPR) and post-institution fees paid when a trial is instituted (both are due at Petition filing) at the PTAB.  The increase in IPR fees is fairly significant, raising fees by 32.6% from $23,000 to $30,500 for an instituted trial.  The press release for the rule change states:

Increases to the PTAB AIA trial fees are aimed at better aligning these fees with the USPTO’s costs and aiding the PTAB to continue to meet required AIA deadlines. The Office’s costs for Inter Partes Review requests are consistently outpacing the fees collected for this service.  These fee adjustments seek to more closely align fees and costs. Trial fees and associated costs still remain significantly less than court proceedings for most stakeholders.

  • Inter Partes Review Request Fee – up to 20 Claims increases to $15,500 (+$6,500)
  • Inter Partes Review Post-Institution Fee – Up to 15 Claims increases to $15,000 (+$1,000)

The full text of the rule change can be viewed here.

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Matt Johnson is one of the Firm's primary contacts on practice before the USPTO's Patent Trial and Appeal Board (PTAB), where patentability of issued patents can be challenged.