News & Analysis as of

Filing Fees Prior Art

McCarter & English, LLP

The Patents Are Coming! The Patents Are Coming!—USPTO Reduces Time to Issue Patents

Under the United States Patent and Trademark Office’s (USPTO) modernization efforts, the time between paying the issue fee and issuance of the patent is being reduced. Faster patent issuance gives patent applicants less time...more

K&L Gates LLP

Detailed Guidance on New USPTO IDS Size Fees

K&L Gates LLP on

On 19 January 2025 the USPTO enacted a new Information Disclosure Statement (IDS) size fee. A new IDS size fee, codified under 37 C.F.R. 1.17(v), is accrued for any pending application when the number of cumulative references...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Institutes Additional Fees for Large Information Disclosure Statement Filings

The advice to practitioners faced with marginally relevant prior art has long been "when in doubt, cite it."  There was a small cost for the applicant (or practitioner) to cite such art by filing an information disclosure...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Announces Deferred-Fee Provisional Application Pilot Program to Encourage COVID-19 Related Inventions

In a notice published in the Federal Register (85 Fed. Reg. 58038) on September 17th, the U.S. Patent and Trademark Office announced that it was implementing a deferred-fee provisional patent application pilot program in...more

Jackson Walker

Ex Parte Reexamination May Cost Apple $177 Million

Jackson Walker on

On May 24, 2018, Apple was awarded a verdict of $533 million for Samsung’s infringement of three Apple design patents. While unsuccessful ex parte reexaminations (EPRs) were filed against two of those three design patents,...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 14, Issue 2 (Spring 2016)

Pre-AIA and Post-AIA Issues Presented by the On-Sale Bar - The “on-sale” bar to patentability refers to a sale or offer for sale of an invention that can invalidate the patent for that invention. The...more

Mintz - Intellectual Property Viewpoints

Comparing U.S. and Australian Provisional Patent Applications

The United States and Australia each offer the option of filing a provisional patent application before filing a national or PCT non-provisional patent application. The U.S. provisional patent system and the Australian...more

Knobbe Martens

New Patent Application Filing Considerations in View of AIA Changes

Knobbe Martens on

As you may know, the America Invents Act (AIA) has introduced several changes to U.S. patent law. On March 16, 2013, the AIA moves the U.S. from a First-to-Invent system to a First-to-File system. This and other provisions...more

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