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Federal regulations · Through 2026-08-25 · Newer source version available

37 CFR 42.15: Fees.

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Where this section sits in the code
  1. Title 37—Patents, Trademarks, and Copyrights
  2. CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE
  3. SUBCHAPTER A—GENERAL
  4. PART 42—TRIAL PRACTICE BEFORE THE PATENT TRIAL AND APPEAL BOARD
  5. Subpart A—Trial Practice and Procedure

(a) On filing a petition for inter partes review of a patent, payment of the following fees are due:

(1) Inter Partes Review request fee—up to 20 claims: $23,750.00.

(2) Inter Partes Review Post-Institution fee—up to 20 claims: $28,125.00.

(3) In addition to the Inter Partes Review request fee, for requesting a review of each claim in excess of 20: $470.00.

(4) In addition to the Inter Partes Post-Institution request fee, for requesting a review of each claim in excess of 20: $940.00.

(b) On filing a petition for post-grant review or covered business method patent review of a patent, payment of the following fees are due:

(1) Post-Grant or Covered Business Method Patent Review request fee—up to 20 claims: $25,000.00.

(2) Post-Grant or Covered Business Method Patent Review Post-Institution fee—up to 20 claims: $34,375.00.

(3) In addition to the Post-Grant or Covered Business Method Patent Review request fee, for requesting a review of each claim in excess of 20: $595.00.

(4) In addition to the Post-Grant or Covered Business Method Patent Review Post-Institution fee, for requesting a review of each claim in excess of 20: $1,315.00.

(c) On the filing of a petition for a derivation proceeding, payment of the following fee is due:

(1) Derivation petition fee: $452.00.

(2) [Reserved]

(d) Any request requiring payment of a fee under this part, including a written request to make a settlement agreement available: $452.00.

(e) Fee for counsel who are not registered practitioners, and who are not seeking automatic recognition pursuant to § 42.10(c)(2), to appear pro hac vice before the Patent Trial and Appeal Board: $269.00.

(f) Fee for requesting a review of a Patent Trial and Appeal Board decision by the Director: $452.00.

Collected 2026-08-27T02:25:45Z. Source file · JSON

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