The fee pays by who that petitioned for IPR review.
On January 18, 2013, the USPTO identified a fee schedule that became effective on March 19, 2013 (Federal Register/ Vol. 78, No. 13/ January 18, 2013/ Part II/ 37 CFR Parts 1, 41, and 42 – Setting and Adjusting Patent Fees; Final Rule). This fee schedule listed the final fees relating to patent trials created under the AIA, including inter partes review, post-grant review, and the transitional program for covered business method patents. A chart providing the relevant fees is below:
| Fee Code |
37 CFR |
Description |
Fee (USD) |
| 1406 |
42.15(a)(1) |
Inter partes review request fee – Up to 20 claims |
9,000.00 |
| 1414 |
42.15(a)(2) |
Inter partes review post-institution fee – Up to 15 claims |
14,000.00 |
| 1407 |
42.15(a)(3) |
Inter partes review request of each claim in excess of 20 |
200.00 |
| 1415 |
42.15(a)(4) |
Inter partes post-institution request of each claim in excess of 15 |
400.00 |
| 1408 |
42.15(b)(1) |
Post-grant or covered business method review request fee – Up to 20 claims |
12,000.00 |
| 1416 |
42.15(b)(2) |
Post-grant or covered business method review post-institution fee – Up to 15 claims |
18,000.00 |
| 1409 |
42.15(b)(3) |
Post-grant or covered business method review request of each claim in excess of 20 |
250.00 |
| 1417 |
42.15(b)(4) |
Post-grant or covered business method review post-institution request of each claim in excess of 15 |
550.00 |
Each of the fees identified in the chart are due at the time of the filing of the inter partes review (IPR), post-grant review (PGR), or covered business method review (CBM TPGR).
