To invalidate a patent do you have to pay a $6,000 fee?


If you are invalidating a patent is their a fee? How long does it take?


Posted 2015-09-16T08:58:59.490

Reputation: 73

1Could we have more info? Is this relating to a certain US patent? Without this info, we will be unable to help you. – Tmanzz122 – 2015-09-16T19:19:10.620



You may be referring to "Request for Ex Parte Reexamination" which has a small entity fee of $6000 for <40 pages.

USPTO Current & Proposed Fee Schedule

Does not guarantee invalidation.


Posted 2015-09-16T08:58:59.490

Reputation: 359


To invalidate a patent, that often requires a lawsuit and all of the addional fees included (E. The USPTO has many helpful links, and you can easily find them with a simple google search.


Posted 2015-09-16T08:58:59.490

Reputation: 53


I am not sure about the fees, but it's a mind-bending process and can take several days if companies didn't find a good lead. I was stumbling upon some case studies of invalidation searches and found an article of a company. The article shows how they cracked an invalidation case and generated a good lead. That might help you understand how the whole process can vary in time. Here you go - INVALIDATION SEARCH – HOW WE CRACKED THE TOUGHEST CASE WE CAME ACROSS Based on resources and search criteria fees may vary.

siez khan

Posted 2015-09-16T08:58:59.490

Reputation: 54

This user was asking primarily about the government fees. Citing details from this article may help, but we'd need those contained in this post, in case the article becomes no longer available. If you're able to [edit] those details in, please feel free to flag it using a custom reason for further review, and undeletion. – Matthew Haugen – 2016-07-29T04:54:04.140


Is it a valid suggestion to simply say to consult a lawyer and see if it's really invalid, then once you've verified that, simply ignore the patent?

If their patent is a troll or not valid, your only fear is the litigation, which your lawyer has already informed you they can win.


Posted 2015-09-16T08:58:59.490

Reputation: 121

1The trouble with performing a patented invention--regardless of how invalid a lawyer thinks it is--is that a court might feel differently. If the company brings suit against you for infringing their patent, that's going to cost a lot just to jump into, then your fate is put in the hands of the judge. If it's obviously invalid, you're likely out the attorney fees. If the judge feels otherwise, you could be out a lot more than that--especially for knowingly infringing. "Your lawyer has already informed you they can win," is just a lot of faith to put into the words of a single person. – Matthew Haugen – 2016-02-08T08:13:46.077

1Moreover, a court can place a temporary injunction against you, preventing you from distribution of the product pending the outcome of any legal proceedings. – Kuba hasn't forgotten Monica – 2016-03-31T19:03:08.463