Higher PTAB Trial Fees On The Horizon

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The USPTO has released proposed patent fee changes that include significant increases to PTAB trial fees. The proposed changes are summarized in the USPTO’s “Executive Summary” prepared for the Patent Public Advisory Committee (PPAC), which you can download from the USPTO Fee Setting and Adjusting page.

According to the USPTO, these fees originally were set based on cost estimates, while the proposed increases are based on actual cost information.

As set forth in this October 20, 2015 Federal Register Notice, the USPTO is holding a public hearing on its proposed patent fee changes on November 19, 2015, at its Alexandria, Virginia campus, and has asked for written comments by November 25, 2015. The USPTO hopes to implement the new fees before a new administration takes office on January 20, 2017.

Please see my article on PharmaPatentsBlog for a review of the proposed significant increases to patent prosecution fees.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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