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ARTICLE · 15 NOVEMBER 2016

PTAB Post-Grant Fees Slated To Increase

The USPTO recently announced a proposed new fee schedule in a Notice of Proposed Rulemaking in search of revenue to recover its projected $3 billion aggregated operating costs for the 2017 fiscal year.

United StatesIntellectual Property

The USPTO recently announced a proposed new fee schedule in a Notice of Proposed Rulemaking (NPRM) in search of revenue to recover its projected $3 billion aggregated operating costs for the 2017 fiscal year. If enacted, it would be the Office's most significant fee adjustment since March 2013. The Office is proposing to increase 205 existing patent and PTAB fees.  There are also 42 new fees being introduced or replacing one of the 14 fees that are being discontinued. The proposed changes will likely take effect October 1, 2017, the beginning of the Office's next fiscal year. The Office is accepting public comments until December 2, 2016. 

The proposed adjustments include fees associated with patent application filing, search and examination, RCE, PTAB appeals, ex parte reexamination, IPRs, PGRs, and CBMs.  Among the 205 adjusted items, increases associated with utility patent prosecution are the smallest, with most increases being less than 10% (more details can be

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