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Patent Applications United States Patent and Trademark Office Information Disclosure Statement

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

Harris Beach Murtha PLLC

USPTO Filing Fee Changes

New fees affecting trademarks and patents have taken effect at the United States Patent and Trademark Office (USPTO). The new fee structures will dramatically influence trademark and patent filings. Applicants need to rethink...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: USPTO Establishes New Fees for More Than Fifty Cumulative IDS References

Along with other new and increased fees, including the surcharge for late-stage continuation applications, the United States Patent & Trademark Office published a final rule on November 20, 2024, that establishes new fees for...more

MoFo Life Sciences

USPTO Fee Changes for 2025

MoFo Life Sciences on

In the November 20, 2024 Federal Register Notice, the United States Patent and Trademark Office (USPTO or the “Office”) released its final rule on patent fee adjustments (“Final Rule”). These fee adjustments, set to take...more

Fox Rothschild LLP

USPTO to Increase Patent Fees January 19, 2025

Fox Rothschild LLP on

Effective January 19, 2025, the U.S. Patent and Trademark Office (USPTO) will increase patent fees and even create some new ones. A Final Rule, issued Nov. 20, instituted a 7.5% across-the-board increase with new utility...more

Rothwell, Figg, Ernst & Manbeck, P.C.

USPTO Finalizes Fee Increases for 2025: What to Expect in the New Year and What to do Now

The United States Patent and Trademark Office (USPTO) announced today the finalized fee increases taking effect on January 19, 2025. While applicants can still expect significant increases in certain areas, some proposed fee...more

Foley & Lardner LLP

New IDS Requirement In USPTO Fee-Setting Proposal

Foley & Lardner LLP on

The U.S. Patent and Trademark Office’s (USPTO’s) proposed rulemaking that focuses on “fee adjustments” for 2025 includes a trap for the unwary related to Information Disclosure Statements (IDSs) that could complicate...more

WilmerHale

USPTO Issues Guidance on Using Artificial Intelligence Tools

WilmerHale on

On April 10, 2024, the United States Patent and Trade Office (USPTO) announced guidance regarding the use of artificial intelligence (AI) tools before the USPTO. ...more

Mintz - Intellectual Property Viewpoints

Practical Guidelines for Avoiding Patent Term Adjustment Penalty

The duty to disclose required by 37 CFR § 1.56 is a constant weight on patent practitioners and applicants to cite references via an Information Disclosure Statement (IDS). The indiscriminate or reflexive filing of an IDS...more

Foley & Lardner LLP

Which Significant USPTO Fee Increases Might We See in 2025?

Foley & Lardner LLP on

If the U.S. Patent and Trademark Office (USPTO) is going to implement fee changes in January 2025, we should see a Federal Register Notice detailing the proposed fees soon. The USPTO started this round of fee-setting in April...more

Fox Rothschild LLP

Cha-Ching: USPTO Proposes Increases in Patent Fees

Fox Rothschild LLP on

The U.S. Patent and Trademark Office (USPTO) has proposed a significant increase in patent fees, including the implementation of entirely new fees and revamped fee structures. The USPTO has indicated that the fee proposal is...more

Procopio, Cory, Hargreaves & Savitch LLP

U.S. Patents Will Soon Be Issued Electronically: What Does This Mean to You?

After centuries of issuing paper patents to inventors, the U.S. Patent and Trademark Office will soon transition to only electronic issuance, with patent holders able to receive a printed “ceremonial” copy to display proudly...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Suspending the Rules: A Year’s Worth of USPTO Petitions

In some circumstances, patent applicants may petition the Patent Office to suspend non-statutory rules under 37 CFR § 1.183. As the text of the rule indicates, the Patent Office will only grant such petitions “[i]n an...more

Mintz - Intellectual Property Viewpoints

USPTO Releases Final Rules on PTA Calculations in view of Supernus

On June 16, 2020, the U.S. Patent and Trademark Office (USPTO) released final rules (the “Rules”) implementing changes to how Patent Term Adjustment (PTA) is calculated in certain circumstances in view of Supernus Pharms.,...more

Faegre Drinker Biddle & Reath LLP

After Supernus: It’s Up to You to Keep Your Patent Alive All Its Days

Patentees may obtain additional PTA if the USPTO’s calculation of “applicant delay” includes a period of time during which the patentee could have taken “no identifiable effort” to avoid. However, the onus is entirely on the...more

McDermott Will & Emery

“Equal to” Means “Not Exceed” when Determining Patent Term Adjustment

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit found that the US Patent and Trademark Office (PTO) erred in calculating a patent term adjustment (PTA) for a patent covering an oral osmotic form of an antihypertensive drug,...more

Jones Day

Supernus: Federal Circuit Provides Clarity on USPTO Discretion on Patent-Term Adjustment Calculations

Jones Day on

The Situation: The USPTO took a long time to issue Supernus's patent application. Although Supernus would otherwise have been entitled to significant patent term adjustment, the USPTO ruled that the accumulated term should be...more

Mintz - Intellectual Property Viewpoints

Information Disclosure Statements: When and How to File?

Under U.S. patent law, while there is no duty to perform a search of relevant art, inventors and those associated with filing or prosecuting patent applications as defined in 37 C.F.R. § 1.56 have a duty to disclose to the...more

Foley & Lardner LLP

USPTO Expands Collaborative Search Pilot Program

Foley & Lardner LLP on

As announced in this October 30, 2017 Federal Register notice, the USPTO is expanding the Collaborative Search Pilot Program under which applicants can request that multiple intellectual property offices exchange search...more

Mintz - Intellectual Property Viewpoints

Calculating Patent Term Adjustment: Part 2

This article is second in a series focusing on various issues related to Patent Term Adjustment for U.S. patent applications. While Part 1 is a general overview of how to calculate patent term adjustment (“PTA”), this...more

Foley & Lardner LLP

USPTO Proposes New IDS Framework

Foley & Lardner LLP on

Tucked into the USPTO’s proposed patent fee changes is a proposal to change the Information Disclosure Statement (IDS) framework. While applicants may welcome the simplified procedures for obtaining consideration of an IDS,...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO News Briefs - October 2015

USPTO Extends After Final Consideration Pilot 2.0 Program - Last week, the U.S. Patent and Trademark Office indicated on its website and through a Patents Alert e-mail that the After Final Consideration Pilot 2.0 (AFCP...more

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