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ARTICLE · 02 FEBRUARY 2022

PTAB Precedential Opinion Panel: Wired Funds Are Paid When Fedwire Transfer Is Complete

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More than a year after its last precedential designation, the Precedential Opinion Panel (POP) of the Patent Trial and Appeal Board has held that Fedwire confirmation of payment constitutes...

United StatesIntellectual Property
Karina Moy
Karina Moy
Rubén Muñoz
Rubén Muñoz
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More than a year after its last precedential designation, the Precedential Opinion Panel (POP) of the Patent Trial and Appeal Board has held that Fedwire confirmation of payment constitutes sufficient evidence that the required fee for a petition for inter partes review has been paid. The POP in this IPR proceeding consisted of the acting Director of the U.S. Patent and Trademark Office (USPTO) (who is also the Commissioner of Patents), the Chief Administrative Patent Judge, and the Deputy Chief Administrative Patent Judge. 

On December 16, 2020, one day shy of the one-year statutory bar, the petitioner filed a petition for IPR and initiated a wire payment of the required filing fee to Treasury NYC, the USPTO's designated bank, using the Federal Reserve Fedwire System. Although the petitioner received immediate confirmation from its bank that the wire transfer was completed, the USPTO informed the petitioner that it had not received the filing fee on either that day

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