MPEP Section 2615, Fee for Requesting Inter Partes Reexamination

Executive summary:

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2615 Fee for Requesting Inter Partes Reexamination

37 CFR 1.915 Content of request for inter partes reexamination.

(a) The request must be accompanied by the fee for requesting inter partes reexamination set forth in § 1.20(c)(2).

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In order for a request to be accepted, given a filing date, and published in the Official Gazette, **>the request papers must satisfy all the requirements of 37 CFR 1.915 and the entire< fee required under 37 CFR 1.20(c)(2) for filing a request for inter partes reexamination >must be paid<. If the entire filing fee is not paid, the request will be considered to be incomplete.

If the entire fee for requesting reexamination has not been paid after requester has been given an opportunity to do so, no determination on the request will be made. The request papers will ordinarily be placed in the patent file as a prior art citation if they comply with the requirements of 37 CFR 1.501. See MPEP § 2206 for handling of prior art citations.

**>If the request for inter partes reexamination is denied (see MPEP § 2647 and § 2648), or if an ordered reexamination is vacated (see MPEP § 2627 and § 2646, subsection I), a refund in accordance with 37 CFR 1.26(c) will be made to the identified requester. If the request for inter partes reexamination is found to be incomplete and the defect is not cured (see MPEP § 2627), a refund in accordance with 37 CFR 1.26(a) will be made to the identified requester.<

See MPEP § 2634 for processing of the filing fee.