USPTO to increase IPR fees by 33% and PGR fees by 27% in 2018

The USPTO announced that the official fees for IPR and PGR will increase significantly starting on January 16, 2018. See 82 Fed. Reg. 52780, 52807 (Nov. 14, 2017).

The IPR petition request fee will increase $6,500 (from $9,000 to $15,500) and the post-institution fee will increase $1,000 (from $14,000 to $15,000) for a total increase in combined fees of $7,500 (from $23,000 to $30,500). The new combined fees represent a 33% increase over the old combined fees. In addition, the request fee for each claim in excess of 20 will increase $100 (from $200 to $300). The post-institution fee for each claim in excess of 15 will increase $200 (from $400 to $600).

The PGR petition request fee will increase $4,000 (from $12,000 to $16,000) and the post-institution fee will increase $4,000 (from $18,000 to $22,000) for a total increase in combined fees of $8,000 (from $30,000 to $38,000). The new combined fees represent a 27% increase over the old combined fees. In addition, the request fee for each claim in excess of 20 will increase $125 (from $250 to $375). The post-institution fee for each claim in excess of 15 will increase $275 (from $550 to $825).

The table of fee changes is provided below:

Parties considering filing IPR and PGR petitions may want to get their petitions on file before January 16, 2018 to take advantage of the current fees.