News & Analysis as of

United States Patent and Trademark Office Fees Patents

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
Ladas & Parry LLP

Proposed Increases of United States Patent Fees

Ladas & Parry LLP on

On April 3, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of rulemaking setting out the fees that it proposes for the fiscal year starting on September 29, 2024. Although the proposed fees are...more

WilmerHale

PTAB/USPTO Update - May 2024

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On April 30, the USPTO announced a Request for Comments (RFC) seeking public feedback on how AI could affect USPTO evaluations on patentability, including what qualifies as prior art and the assessment of the level of...more

International Lawyers Network

Small Entity Status vs. Micro Entity Status for Patent Applications in the U.S.

Suppose you have an inventor or applicant who asks you to file a patent application in the U.S. However, the applicant has limited financial resources for filing the patent application. Should you claim small entity status or...more

Goodwin

Proposed USPTO Fee Changes Will Make It Much More Expensive to Patent and to Challenge Patents on Therapeutics. You Have an...

Goodwin on

The United States Patent & Trademark Office (USPTO or PTO) recently announced proposed changes to certain fees it charges with respect to patent applications, design patents, and America Invents Act (AIA) trials. These...more

Foley & Lardner LLP

Another Letter From Congress Complaining About Pharmaceutical Patents

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On April 26, 2023, Senator Elizabeth Warren and Congresswoman Pramila Jayapal sent a letter to USPTO Director Kathi Vidal complaining about the USPTO’s failure “to address the pharmaceutical industry’s abuse of the patent...more

Foley & Lardner LLP

Significant New USPTO Fees Proposed for 2025

Foley & Lardner LLP on

The USPTO has commenced the fee-setting process for fee adjustments it expects to implement in January 2025. While many fee changes are modest (~5%), the USPTO proposes significant increases to design patent fees and PTAB...more

Fox Rothschild LLP

New Year, New Patent Regulations: From DOCX to Unitary Patents

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A new year brings new intellectual property laws and regulations, and 2023 is no exception. Among the most pressing issues: •The DOCX format filing requirements for new U.S. utility applications are delayed, but are still...more

Mintz - Intellectual Property Viewpoints

Determining Entity Status Before the United States and Patent Trademark Office: Large, Small, or Micro?

At the time of filing any patent application with the United States and Patent Trademark Office (USPTO), patent applicants must designate their entity status. Selecting the correct entity status can significantly reduce...more

Jones Day

Fed. Cir. Rejects New IPR Constitutional Challenges

Jones Day on

In Mobility Workx, LLC v. Unified Patents, LLC, the Federal Circuit in a split decision concluded that Mobility Workx, LLC’s constitutional challenges to structure and funding of the Patent Trial and Appeal Board (“PTAB”) are...more

Knobbe Martens

Is your funded medical device startup actually a “large entity” according to the USPTO?

Knobbe Martens on

The U.S. Patent and Trademark Office (USPTO) allows a patent applicant to pay reduced fees if it qualifies as a “small entity.”  Many types of filing fees are reduced by 50%.  These savings can be important for companies on a...more

Adler Pollock & Sheehan P.C.

U.S Patent Office Increased Government Fees: How To Avoid Or Minimize This Increase?

The United States Patent and Trademark Office (“USPTO”) adjusted patent fees affecting all facets of patent practice, as published in a Final Rule. The Final Rule sets or adjusts 296 patent fees for large, small, and micro...more

Adler Pollock & Sheehan P.C.

USPTO Adjusts Trademark Fees For First Time In Three Years, Effective January, 2021

Effective January 2, 2021, the United States Patent and Trademark Office (“USPTO”) is adjusting certain trademark filing fees, post registration fees and Trademark Trial and Appeal Board fees for the first time in nearly...more

Faegre Drinker Biddle & Reath LLP

New Trademark Fees Implemented by the United States Patent and Trademark Office

On November 17, 2020, the USPTO enacted a rule that will adjust trademark fees and Trademark Trial and Appeal Board fees. This is the first time that trademark fees have been adjusted since 2017. In the final rule, the USPTO...more

Goodwin

First Patent Fee Increase In Almost Three Years Affects Costs Of IPR and PGR Proceedings

Goodwin on

On October 2, 2020, the United States Patent and Trademark Office (USPTO) adjusted its patent fees for the first time in almost three years, including an approximately 5% increase to most fees impacted by the rule. For...more

Patterson Belknap Webb & Tyler LLP

PTO Announces Deferred Fees for COVID-19 Applications Under New Program

The U.S. Patent and Trademark Office has announced that it will defer application fees for certain inventions relating to the fight against COVID-19. In its September 16 announcement, the PTO acknowledged its role in...more

Lathrop GPM

USPTO Announces Across-the-Board Patent Fee Increases

Lathrop GPM on

The United States Patent and Trademark Office (USPTO) published a Final Rule today in the Federal Register, viewable at 85 Fed. Reg. 46932 (August 3, 2020), announcing fee adjustments affecting all aspects of patent practice...more

Tarter Krinsky & Drogin LLP

Prioritized Examination For Certain COVID-19 Related Patent Applications

On May 8, 2020, the United States Patent and Trademark Office (USPTO) announced a new program for expediting certain COVID-19 related patent applications. Under the COVID-19 Prioritized Examination Pilot Program, the USPTO...more

Harris Beach PLLC

USPTO Extends Certain Patent-Related Deadlines due to COVID-19 Crisis

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The United States Patent and Trademark Office (“USPTO”) has further extended the time to file certain patent-related documents or pay fees due to the COVID-19 outbreak. This extension supersedes prior USPTO waivers of...more

BakerHostetler

The Coronavirus Aid, Relief, and Economic Security Act Grants the US Patent and Trademark Office the Authority to Manage Statutory...

BakerHostetler on

As described in our previous alert, the U.S. Patent and Trademark Office (USPTO) issued a notice waiving certain petition fees. In the notice, the USPTO cautioned that “[t]his notice does not grant waivers or extensions of...more

Sheppard Mullin Richter & Hampton LLP

Limited Relief for Patent and Trademark Applicants Affected by COVID-19

The U.S. Patent and Trademark Office (USPTO) is offering limited relief to patent and trademark applicants affected by coronavirus disease (COVID-19) by waiving the fee for filing a petition to revive an abandoned patent or...more

Burr & Forman

"Trading" on Your Personal Information: Preventing Fraud and Unsolicited Communications Under the New Trademark Requirements

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The United States Patent and Trademark Office (“USPTO”) released new examination requirements that went into effect on February 15, 2020. One of the new requirements is to include an email address for the mark’s owner in the...more

Foley & Lardner LLP

USPTO Proposes Fee Hikes And New Fees

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The USPTO has taken another major step in the fee-setting process for fee adjustments it expects to implement in January 2021, and published the proposed fees in the Federal Register. The major changes are the same as those...more

Bradley Arant Boult Cummings LLP

Overlooked Changes To Patent Cooperation Treaty Practice - Law360

The recent Actelion Pharmaceuticals Ltd. case brought to light a little-known quirk in how national stage patent applications affect the length of one’s patent term. That case involved a drug company losing five days of...more

Ballard Spahr LLP

Updated USPTO Patent Fee Schedule Includes Significant Increases and Additions

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The U.S. Patent and Trademark Office (USPTO) last week established an updated patent fee schedule, effective January 16, 2018. The updated schedule provides for a modest increase for most fees—but also more significant...more

Fox Rothschild LLP

New USPTO Fee Schedule Increases Fees For Challenging Granted Patents, Adds Streamlined Reexamination Option

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The USPTO recently published an adjusted fee schedule for certain patent fees. The new schedule significantly increases the fees for challenging the validity of a patent in inter partes review (IPR), post-grant review (PGR)...more

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