MPEP § 2215 — MPEP § 2215
Current through: 2022-07-01

2215-Fee for Requesting Ex Parte Reexamination under 35 U.S.C. 302 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 2200 

 Section 2215 
 

 
 
 
 
 
 2215 Fee for Requesting Ex Parte Reexamination under
 35 U.S.C. 302 [R-01.2024]
 

 
 37 CFR 1.510 Request for ex parte reexamination. 

 *****

 
 (c) If the request does not include the fee for requesting
 ex parte reexamination required by paragraph (a) of this
 section and meet all the requirements by paragraph (b) of this section, then the
 person identified as requesting reexamination will be so notified and will
 generally be given an opportunity to complete the request within a specified time.
 Failure to comply with the notice will result in the ex parte 
 reexamination request not being granted a filing date, and will result in
 placement of the request in the patent file as a citation if it complies with the
 requirements of § 1.501 .
 

 (d) The filing date of the request for ex parte 
 reexamination is the date on which the request satisfies all the requirements of
 this section.
 

 
 *****

 

 
 37 CFR 1.20 Post-issuance fees. 

 *****

 
 (c) In reexamination proceedings:
 
 
 
 (1)(i) For filing a request for ex
 parte reexamination ( § 1.510(a) )
 having: 
 
 (A) Forty (40) or fewer pages;

 (B) Lines that are double-spaced or
 one-and-a-half spaced;
 

 (C) Text written in a non-script
 type font such as Arial, Times New Roman, or Courier;
 

 (D) A font size no smaller than 12
 point;
 

 (E) Margins which conform to the
 requirements of §
 1.52(a)(1)(ii) ; and
 

 (F) Sufficient clarity and contrast
 to permit direct reproduction and electronic capture by use of
 digital imaging and optical character recognition.
 

 
 
 
 By a micro
 entity (§
 1.29)......$1,260.00 
 

 
 By a small
 entity (§
 1.27(a))......2,520.00 
 

 
 By other than a
 small or micro entity......6,300.00 
 

 
 

 
 

 (ii) The following parts of an ex
 parte reexamination request are excluded from paragraphs
 (c)(1)(i)(A) through (F) of this section:
 
 (A) The copies of every patent or printed
 publication relied upon in the request pursuant to §
 1.510(b)(3) ;
 

 (B) The copy of the entire patent for
 which reexamination is requested pursuant to §
 1.510(b)(4) ; and
 

 (C) The certifications required pursuant
 to §
 1.510(b)(5) and (6) .
 

 
 

 (2) For filing a request for ex
 parte reexamination ( § 1.510(b) ) which has
 sufficient clarity and contrast to permit direct reproduction and electronic
 capture by use of digital imaging and optical character recognition, and
 which otherwise does not comply with the provisions of paragraph (c)(1) of
 this section:
 
 
 By a micro entity
 (§
 1.29)......$2,520.00 
 

 
 By a small entity
 (§
 1.27(a))......5,040.00 
 

 
 By other than a small
 or micro entity......12,600.00 
 

 
 

 
 

 
 *****

 

 For ex parte reexamination requests under
 35 U.S.C.
 302 , which are filed on or after January 16, 2018, the entire fee
 required under 37 CFR
 1.20(c)(1) or 37 CFR 1.20(c)(2) , as appropriate, must
 be paid if the request is to be granted a filing date. If the filing fee under
 37 CFR
 1.20(c)(1) is paid, the request must also comply with all of the
 requirements set forth in 37 CFR 1.20(c)(1) . Similarly, if the filing fee under
 37 CFR
 1.20(c)(2) is paid, the request must also comply with the
 requirements set forth in 37 CFR 1.20(c)(2) . See subsection I. below for further details.
 

 For ex parte reexamination requests under
 35 U.S.C.
 302 which were filed before January 16, 2018, the entire filing fee
 set forth in former 37 CFR 1.20(c)(1), which was in effect on or before January 15, 2018,
 must have been paid in order for the request to have been granted a filing date.
 

 In addition, regardless of which filing fee is submitted,
 if the request under 35
 U.S.C. 302 is filed by the patent owner and includes a proposed
 amendment in accordance with 37 CFR 1.530 , excess claims fees under
 37 CFR
 1.20(c)(3) and (c)(4) may also apply; see
 MPEP §
 2250.03 .
 

 I. FILING FEE FOR EX PARTE REEXAMINATION REQUESTS FILED
 ON OR AFTER JANUARY 16, 2018 For ex parte reexamination requests
 filed on or after January 16, 2018, the Office established a reduced fee, set forth in
 37 CFR
 1.20(c)(1) , for filing a request which has forty (40) or fewer
 pages and which complies with all of the other requirements of 37 CFR 1.20(c)(1) ,
 i.e., a “streamlined” request.
 

 For ex parte reexamination requests
 filed on or after January 16, 2018, which do not comply with the requirements (A)
 through (E) of 37 CFR 1.20(c)(1)(i) (such as, e.g.,
 requests having greater than forty (40) pages), but which comply with the provisions of
 37 CFR
 1.20(c)(2) , i.e., a “non-streamlined” request, the fee for filing
 the request is set forth in 37 CFR 1.20(c)(2) .
 

 A. The Filing Fee under 37 CFR
 1.20(c)(1) Requests for ex parte reexamination
 under 35 U.S.C.
 302 filed on or after January 16, 2018, which have forty (40)
 or fewer pages and which comply with all of the other requirements of
 37 CFR
 1.20(c)(1) , i.e., “streamlined” requests, may be filed with a
 reduced filing fee set forth in 37 CFR 1.20(c)(1) . This
 reexamination filing option was created to make it financially less burdensome for
 requesters with limited resources.
 

 A request which is filed under 37 CFR
 1.20(c)(1) remains subject to all applicable filing
 requirements, with the sole exception that the filing fee is reduced. Filing a
 request that meets the requirements of 37 CFR 1.20(c)(1) does not impact
 the subsequent reexamination process, including the order in which the case is taken
 up for action by the examiner. The filing of a request which meets the requirements
 of 37 CFR
 1.20(c)(1) will not cause the prosecution of any resulting
 reexamination proceeding to be accelerated or prioritized. 
 

 See MPEP § 2214 , subsection II for a
 detailed discussion of the requirements under 37 CFR 1.20(c)(1) that a request
 must meet in order to qualify for the reduced filing fee set forth in the rule.
 

 B. The Filing Fee under 37 CFR
 1.20(c)(2) The filing fee set forth in 37 CFR
 1.20(c)(2) applies to a request for reexamination under
 35 U.S.C.
 302 which does not comply with requirements (A) through (E) of
 37
 CFR 1.20(c)(1)(i) , i.e., a “non-streamlined” request. For
 example, the filing fee pursuant to 37 CFR 1.20(c)(2) must be paid
 when submitting a request having greater than forty (40) pages.
 

 To be granted a filing date, a request for which the
 filing fee set forth in 37 CFR 1.20(c)(2) is paid must
 also have sufficient clarity and contrast to permit direct reproduction and
 electronic capture by use of digital imaging and optical character recognition,
 pursuant to the provisions of 37 CFR 1.20(c)(2) . 
 

 II. FILING FEE FOR EX PARTE REEXAMINATION REQUESTS FILED
 BEFORE JANUARY 16, 2018 For ex parte reexamination requests
 under 35 U.S.C.
 302 which were filed before January 16, 2018, the filing fee is
 set forth in former 37 CFR 1.20(c)(1), which was in effect prior to January 16,
 2018.
 

 III. ENTITY STATUS Pursuant to 37 CFR 1.20(c)(1) and (c)(2) , there
 are different filing fees for a large entity, a small entity, and a micro entity, when
 filing a request for ex parte reexamination under 35 U.S.C. 302 . In
 order for a requester to pay small entity or micro entity fees, a requester must
 affirmatively state that it is eligible for small entity or micro entity status
 (respectively). For example, a requester can affirmatively assert small entity status by
 checking the appropriate box on the transmittal form (PTO/SB/57). However,
 only a patent owner requester can establish micro entity status. A third-party
 requester cannot establish micro entity status, since a third-party requester is not
 provided for in 37 CFR 1.29 . See
 37 CFR
 1.27 and MPEP §§ 509.02 and
 509.03 for more information about establishing small entity
 status. See 37 CFR 1.29 and MPEP §
 509.04 et seq. for more information about establishing micro entity
 status.
 

 IV. INCOMPLETE REQUESTS If the appropriate filing fee ( 37 CFR 1.20(c)(1) or
 37 CFR
 1.20(c)(2) ) and any applicable excess claim fees are not paid in
 their entirety, or if the request fails to meet all of the requirements of the rule
 governing the filing fee submitted ( 37 CFR 1.20(c)(1) or
 37 CFR
 1.20(c)(2) ), and all of the requirements of 37 CFR 1.510(a) 
 and (b) , the request will be considered to be incomplete. See
 37 CFR
 1.510(c) and (d) and MPEP § 2227 .
 

 Where the entire filing fee and any applicable excess claim fees are
 not paid after the requester has been given one opportunity to do so (i.e., the defect
 is not cured), no determination on the request will be made. The request will not be
 granted a filing date. The request papers will be placed in the patent file as a
 submission under 37
 CFR 1.501 if they comply with the requirements of the rule. See
 MPEP §
 2206 for handling of prior art citations or written statements
 under 37 CFR
 1.501 . 
 

 V. REFUNDS If the request for ex parte reexamination under
 35 U.S.C.
 302 is subsequently denied (see MPEP § 2247 and
 §
 2248 ), or vacated (see MPEP § 2227 and § 2246 , subsection
 I), a refund in accordance with 37 CFR 1.26(c)(1) will be made to
 the identified requester. If the request for ex parte reexamination
 under 35 U.S.C.
 302 is found to be incomplete and the defect is not cured (see
 MPEP §
 2227 ), a refund in accordance with 37 CFR 1.26(a) 
 will be made to the identified requester.
 

 If, on the Request for Ex Parte 
 Reexamination Transmittal Form PTO/SB/57 or an equivalent, the requester checks the box
 indicating the requester’s intent to submit a reduced filing fee pursuant to
 37 CFR
 1.20(c)(1) , but submits a filing fee pursuant to 37 CFR 1.20(c)(2) ,
 the filing fee pursuant to 37 CFR 1.20(c)(2) will be accepted.
 The requester may file a request for refund accompanied by the reasons why the requester
 believes that the request meets the requirements for a reduced filing fee pursuant to
 37 CFR
 1.20(c)(1) .
 

 [top] 

 

 

 
 

 
 

 

 

 

 
 
 
 2201-Introduction 

 2202-Citation of Prior Art and Written Statements 

 2203-Persons Who May Cite Prior Art or Written Statements 

 2204-Time for Filing Prior Art or Section 301 Written Statements 

 2205-Content of Prior Art or Section 301 Written Statements 

 2206-Submission and Handling of Prior Art or Section 301 Written Statements 

 2207-Entry of Court Decision in Patent File 

 2208-Service of Prior Art or Section 301 Written Statements on Patent Owner 

 2209-Ex Parte Reexamination 

 2210-Request for Ex Parte Reexamination under 35 U.S.C. 302 

 2211-Time for Requesting Ex Parte Reexamination under 35 U.S.C. 302 

 2212-Persons Who May File a Request for Ex Parte Reexamination under 35 U.S.C. 302 
 2212.01-Inquiries from Persons Other Than the Patent Owner 

 
 

 2213-Representative of Requester 

 2214-Content of Request for Ex Parte Reexamination Filed under 35 U.S.C. 302 

 2215-Fee for Requesting Ex Parte Reexamination under 35 U.S.C. 302 

 2216-Substantial New Question of Patentability 

 2217-Statement Applying Prior Art in a Request Filed under 35 U.S.C. 302 

 2218-Copies of Prior Art 

 2219-Copy of Printed Patent 

 2220-Certificate of Service 

 2221-Amendments Included in Request Filed under 35 U.S.C. 302 by Patent Owner 

 2222-Address of Patent Owner 

 2223-Withdrawal of Attorney or Agent 

 2224-Correspondence 

 2225-Untimely Paper Filed Prior to Order under 35 U.S.C. 304 

 2226-Initial Processing of Request for Ex Parte Reexamination Filed under 35 U.S.C. 302 

 2227-Incomplete Request for Ex Parte Reexamination Filed under 35 U.S.C. 302 

 2228-[Reserved] 

 2229-Notice of Request under 35 U.S.C. 302 for Ex Parte Reexamination in Official Gazette 

 2230-Constructive Notice to Patent Owner 

 2231-Processing of Request Corrections 

 2232-Public Access to Reexaminations Filed under 35 U.S.C. 302 
 2232.01-Determining if a Reexamination Request Was Filed under 35 U.S.C. 302 for a Patent 

 
 

 2233-Processing in Central Reexamination Unit and Technology Center 

 2234-Entry of Amendments 

 2235-Record Systems 

 2236-Assignment of Reexamination 

 2237-Transfer Procedure 

 2238-Time Reporting 

 2239-Reexamination Ordered at the Director’s Initiative 

 2240-Decision on Request Filed under 35 U.S.C. 302 

 2241-Time for Deciding Request Filed under 35 U.S.C. 302 

 2242-Criteria for Deciding Request Filed under 35 U.S.C. 302 

 2243-Claims Considered in Deciding Request Filed under 35 U.S.C. 302 

 2244-Prior Art on Which the Determination Is Based in Requests Filed under 35 U.S.C. 302 

 2245-Processing of Decision 

 2246-Decision Ordering Reexamination under 35 U.S.C. 304 

 2247-Decision under 35 U.S.C. 303 on Request for Reexamination filed Under 35 U.S.C. 302, Request Denied 
 2247.01-Examples of Decisions on Request for Reexamination 

 
 

 2248-Petition From Denial of Request Filed Under 35 U.S.C. 302 

 2249-Patent Owner’s Statement in Reexaminations Filed Under 35 U.S.C. 302 

 2250-Amendment by Patent Owner 
 2250.01-Correction of Patent Drawings 

 2250.02-Correction of Inventorship 

 2250.03-Fees for Adding Claims and for Filing a Petition 

 
 

 2251-Reply by Third Party Requester 

 2252-Consideration of Statement and Reply 

 2253-Consideration by Examiner 

 2254-Conduct of Ex Parte Reexamination Proceedings 

 2255-Who Reexamines 

 2256-Prior Art Patents and Printed Publications Reviewed by Examiner in Reexamination 

 2257-Listing of Prior Art 

 2258-Scope of Ex Parte Reexamination 
 2258.01-Use of Previously Cited/Considered Art in Rejections 

 2258.02-Claiming Foreign Priority and Domestic Benefit in Reexamination 

 
 

 2259-Res Judicata and Collateral Estoppel in Reexamination Proceedings 

 2260-Office Actions 
 2260.01-Dependent Claims 

 
 

 2261-Special Status for Action 

 2262-Form and Content of Office Action 

 2263-Time for Response 

 2264-Mailing of Office Action 

 2265-Extension of Time 

 2266-Responses 
 2266.01-Submission Not Fully Responsive to Non-Final Office Action 

 2266.02-Examiner Issues Notice of Defective Paper in Ex Parte Reexamination 

 2266.03-Service of Papers 

 
 

 2267-Handling of Inappropriate or Untimely Filed Papers 

 2268-Petition for Entry of Late Papers for Revival of Reexamination Proceeding 

 2269-Reconsideration 

 2270-Clerical Handling 

 2271-Final Action 
 2271.01-Panel Review 

 
 

 2272-After Final Practice 

 2273-Appeal in Ex Parte Reexamination 

 2274-Appeal Brief 

 2275-Examiner’s Answer 

 2276-Oral Hearing 

 2277-Board Decision 

 2278-Action Following Decision 

 2279-Appeal to Courts 

 2280-Information Material to Patentability in Reexamination Proceeding Filed under 35 U.S.C. 302 

 2281-Interviews in Ex Parte Reexamination Proceedings 

 2282-Notification of Existence of Prior or Concurrent Proceedings and Decisions Thereon 

 2283-Multiple Copending Ex Parte Reexamination Proceedings 

 2284-Copending Ex Parte Reexamination and Interference Proceedings 

 2285-Copending Ex Parte Reexamination and Reissue Proceedings 

 2286-Ex Parte Reexamination and Litigation Proceedings 
 2286.01-Reexamination and Inter Partes Review Proceedings, Post-Grant Review, and Covered Business Method Patent Review 

 
 

 2287-Conclusion of Ex Parte Reexamination Proceeding 
 2287.01-Examiner Consideration of Submissions After a NIRC 

 
 

 2288-Issuance of Ex Parte Reexamination Certificate 

 2289-Reexamination Review 

 2290-Format of Ex Parte Reexamination Certificate 

 2291-Notice of Ex Parte Reexamination Certificate Issuance in Official Gazette 

 2292-Distribution of Certificate 

 2293-Intervening Rights 

 2294-Concluded Reexamination Proceedings 

 2295-Reexamination of a Reexamination 

 2296-USPTO Forms To Be Used In Ex Parte Reexamination 

 

 

 
 

 
 
 

 
 

 

 
 
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 03/09/2026 20:49:34