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.

Cost Recovery

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.