Appeal (before the PTAB)
If the USPTO repeatedly rejects an application or some of its claims, this does not mean all is lost. It is still possible to obtain that patent through an appeal to the PTAB (Patent Trial and Appeal Board). This can only be done after at least one claim of the application has been rejected twice. The appeal procedure begins with a "Notice of Appeal" informing the USPTO of the intention to appeal. After this, the "Appeal Brief" must be filed. Both steps are included in our fees for this service. As part of the appeal process, an appeal interview may be required. This interview is not included in the fees detailed here and should be arranged separately depending on the case. Please note that already granted patents can also be appealed to the PTAB in the case of ex parte reexaminations. That is not the type of appeal covered by this service, and it has other costs. Here we are only covering PTAB appeals of rejected patent applications.
USPTO EXTRA COSTS
In addition to the flat fee for our professional services, you will need to cover these fixed fees required by the Patent Office:
Micro Entity
Small Entity
Large Entity
Notice of Appeal
$181
$362
$905
File Appeal with the PTAB
$507
$1,014
$2,535
These costs are included in the final price you will see when selecting the entity type that applies to you.
CHOOSE THE OPTION THAT FITS YOUR NEEDS
Appeal by Patent Type
Simple
Medium
Complex
Utility:
$1,875
$2,815
$5,625
Plant:
$1,250
$1,565
$1,875
Design:
$1,250
$1,565
$1,875
Depending on the complexity of the patent you contracted with us, and whether it was a plant, design or utility patent, the same classification will in principle apply to the appeal. In any case, please consult with us before purchasing and obtain your reference number.
REFERENCE NUMBER
At Patentes USA we have a system of unique reference numbers to unequivocally identify our prospective and future Clients and each of their requests. By submitting a service request with it, you confirm that you fully accept the conditions detailed in the Engagement Letter in which you received it.
See our terms of service to make sure you fully understand the consequences of submitting a service request both with and without a valid reference code.
This service requires a valid reference number in categories B, C, D, or Z