In a recent Notice of Proposed Rule Making, the United States Patent and Trademark Office (USPTO) has unveiled a series of proposed patent fee changes that are set to take effect in fiscal year 2025. It was announced that these changes aim to better align the agency’s fee structure with the costs associated with processing patent filings. Many of these proposed fee changes are negligible; however, some proposed changes include significant increases to filing fees and appeal fees as well as new fees that will likely influence applicant strategy at the drafting, filing, and prosecution stages of the application process….
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The Examiner is Not the Enemy
The Case for Examiner Interviews to Best Serve the Client’s Interests Opinions tend to vary as to the relative merits of IP attorneys conducting personal interviews with Examiners at the U.S. Patent and Trademark Office. Some clients insist on them; others advocate against. Some IP attorneys welcome them in earnest; others shy away. In our experience, more times than not, the Examiner Interview serves not only to achieve a better outcome for the client, but it can actually save the client both time and expense in the long term — in many cases, even in the short term. When executed…
Double Trouble? Federal Circuit Ruling Creates Tension Between Patent Term Adjustment and Obviousness-Type Double Patenting
What Inventors and Attorneys Need to Know About the Federal Circuit’s Ruling in In re Cellect In August of 2023, the Federal Circuit issued a noteworthy decision pertaining to the interplay between patent term adjustment, terminal disclaimers, and obviousness-type double patenting in the world of patent law. The Court held that “claims in the challenged patents are entitled to their full term, including the duly granted patent term adjustment, unless they are found to be later-filed obvious variations of earlier-filed, commonly owned claims.” In re Cellect, LLC, 81 F.4th 1216 (Fed. Cir. 2023). The ruling has implications for both lawyers…