[Patentpractice] questions about new 'IDS size fee'

[Timothy Snowden]

Not sure about refunding. But my understanding (don't have time to go 
look) is that the rule says that you pay for an IDS that /causes /the 
references to exceed a cumulative count. If that is correct, then if you 
already exceed 200, no fee should be due. Assuming that, I would guess 
they would be required to give you a refund.

On 3/5/2025 9:58 AM, William Ahmed via Patentpractice wrote:
> Dear List,
> We have an application for which over 200 references were IDSed 
> between it's 2023 filing date and Dec 31, 2024.
>
> Question A --> If a new IDS is filed now, with 10 fresh references, 
> does the USPTO require payment of the 'IDS size fee'? [i.e. the large 
> number of refs were filed pre-Jan 19, 2025]
>
> UPDATE -- we filed the IDS and paid the size-fee
>
> Question B --> If the IDS size fee was NOT required [see Question A] 
> and our IDS included the 'size-declaration' [along with the fee], will 
> the USPTO refund the $800?
>
> Many thanks,
> Bill
>
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