In a letter to the Patent Public Advisory Committee last week, U.S. Patent and Trademark Office Director Andrei Iancu proposed increasing the fees by “roughly 25%” for patent challenges under the America Invents Act, including inter partes review (IPR). The letter states that the proposed increase is in response to a “variety of factors,” but specifically cites the Supreme Court’s recent ruling in SAS Institute. The letter explains that, under SAS, the “PTAB will no longer be able to institute on less than all claims challenged in a petition, leading to significant additional work for a given instituted [IPR].”
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