Today’s Federal Register includes the USPTO’s proposed rules to implement the Supplemental Examination provisions of The America Invents Act. I am in London for the C5 Biosimilars Forum, so I have not been able to read the 70 page notice, but the proposed new ex parte reexamination fee caught my eye as I skimmed through: $17,750.
As explained in the Federal Register Notice, the proposed fee is designed to cover the USPTO’s estimated costs associated with conducting an ex parte reexamination (in accordance with its new fee-setting authority). The USPTO’s actual cost estimate for conducting an ex parte reexamination is $17,753. Considering this estimate in view of the current ex parte reexamination fee ($2520), it is no wonder that the USPTO has budget problems!
A Reexam Bubble?
Parties considering requesting ex parte reexamination of a patent may want to do so before September 16, 2012, to avoid this dramatic fee increase.