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Archive for August 16th, 2012

Patent Reexamination Surge Headed to USPTO

Posted On: Aug. 16, 2012   By: Scott A. McKeown
Topics: Business Method Patent Challenge, Inter Partes Review, Patent Trial & Appeal Board, Reexamination
Reexamination BubbleImminent AIA Changes to Drive Significant Patent Reexamination Filings in the Near Term

In one month’s time, the USPTO will simultaneously switch over to a new patent reexamination fee structure, and to a new inter partes trial model of the Patent Trial & Appeal Board (PTAB). These changes will drive a significant number of ex parte (EXP) and inter partes reexamination (IPX) requests to be filed over the next few weeks.

The short term impetus caused by the change to the fee structure is fairly straightforward to grasp. Simply stated, the EXP that can be filed today for a $2520 government filing fee, will cost $17,750 on the September 16th.

As to the change to the inter partes trial model, September 15th will be the last day for filing an IPX; this is significant for several reasons. Read the rest of this entry »

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