POP Says Wire Payment Receipt Counts For IPR Fee Timing

By Dani Kass (January 14, 2022, 6:11 PM EST) -- Confirmation that inter partes review fees were sent through the Federal Reserve Fedwire System is sufficient to prove they were paid that day, even if they were not yet received by the U.S. Patent and Trademark Office, the agency's precedent-setting panel said in its fifth-ever decision Friday.

The Patent Trial and Appeal Board had found that Toshiba America Electronic Components Inc. filed its challenge to a Monument Peak Ventures LLC patent too late based on when its fee was received by the agency, but the Precedential Opinion Panel said the date Toshiba's payment was made to Fedwire should be used, meaning...

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