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ARTICLE · 16 NOVEMBER 2017

Petitioners Will Pay More for Immensely Popular AIA Trials

The Patent Office is also raising by 50% the fees for seeking institution and trial on claims in excess of the 20/15 claims that are part of the standard fees.

United StatesIntellectual Property

In the November 14, 2017, Federal Register, the Patent Office issued its final rule setting and adjusting the fees the Office charges for its products and services, including relatively substantial increases for standard AIA trial fees (as shown below). As a simple example, a petitioner challenging all claims of a patent containing 30 claims will pay 37% more in fees for inter partes review ($42,500 v. $31,000), and 33% more in fees for post grant or covered business method review ($54,125 v. $40,750). These AIA trial fees become effective on January 16, 2018.

Setting and Adjusting Patent Fees During Fiscal Year 2017, 82 Fed. Reg. 52780, 52790 (Nov. 14, 2017) (to be codified at 37 C.F.R. pt. 42). The Patent Office is also raising by 50% the fees for seeking institution and trial on claims in excess of the 20/15 claims that are part of the standard fees. With that increase and the 72% increase in the pre-institution inter partes review standard fee, the Patent

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