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Strategy shifts? Counsel mull proposed patent fee increases

April 17, 2024
Proposed hikes to patent fees at the USPTO could impact law firm and company strategies in some cases, say practitioners, who add that they must keep clients up to speed on any final changes.

The USPTO published a notice of proposed rulemaking on April 3, that outlined suggested changes to its patent fees. Comments are due by June 3.

For example, the office suggested a new $440 fee for requesting director review of a Patent Trial and Appeal Board decision. It is also planning to increase fees for filing a terminal disclaimer, statements in which patentees give up part or all of their patent term. However, the fee would depend on when the disclaimer was filed.

The office would also increase the fee for a patent term extension application from $1,180 to $6,700.

However, small and micro entities will generally get a discount on fees.

On the whole, the proposed package could be significant for businesses.

Read the full article in Managing IP.
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