US Patent Law: CredIPR's Top 3 Updates for Intellectual Property Rights

Patents in the United States are a rapidly evolving field, with many important changes and updates affecting intellectual property rights. CredIPR, a respected industry organization, has released its top developments in US patent information, with the top three patent updates that developers and businesses need to know. These updates not only provide a better understanding of the patenting process but also open up new opportunities for protecting and commercializing innovative ideas. In the article below, Viet An Law will explore information on patent registration in US Patent Law: CredIPR’s Top 3 Updates for Intellectual Property Rights to help investors better understand the protection opportunities here.

USPTO Patent Fee Adjustments Effective January 19, 2025

The United States Patent and Trademark Office (USPTO) has announced a series of significant fee structure adjustments, effective January 19, 2025. These changes reflect the urgent need to address the agency’s growing operating costs and ensure its long-term financial sustainability. While some of the adjustments may seem modest, their overall impact could have a significant impact on organizations’ patent portfolio management strategies and filing processes.

Basic increase

On the basic fee side, the USPTO has implemented a 10% increase in the trio of important fees, including filing fees, search fees, and examination fees. This adjustment, while not drastic, requires organizations to reassess their budgets and filing strategies, especially those with high filing volumes.

Over-threshold request fee

More notable are the significant changes to the threshold claim fee structure. The USPTO has issued the following increases:

• Double the fee for requests exceeding the twenty (20) request threshold;
• 25% increase in fees for independent requests exceeding three (03) requests.

This adjustment may force inventors and patenting companies to consider more carefully the scope and structure of their claims, encouraging optimization of claim quantity and quality.

Request for Continuing Examination (RCE) Fee

Another important change concerns the Request for Continued Examination (RCE) fee. This is a procedure in the US patent application process that allows the applicant to continue the examination process after the examiner has completed the initial examination process.

When should you use RCE?

1. After receiving a Final Office Action from the United States Patent and Trademark Office (USPTO);
2. When seeking to make a substantial amendment to the claims that is not permitted during the current examination stage;
3. When you want to submit additional documents after the assessment has been completed;
4. When more time is needed to respond or negotiate with the appraiser.

While the first RCE increased by only 10%, the second and subsequent RCEs saw a significant increase of 43%. This difference reflects the USPTO’s efforts to encourage applicants to resolve disputed issues early in the examination process, while limiting the use of multiple RCEs.

Invention Disclosure Fee (IDS)

One notable reform is the introduction of a new fee structure for the Information Disclosure Statement (IDS), a mandatory document in the patent application process in the United States and many other countries. It is the mechanism by which applicants notify the USPTO of technical documents related to the invention.

The USPTO has established a tiered system based on the number of references filed, with thresholds at 50, 100, and 200 documents. Exceeding these thresholds triggers additional fees, which are calculated based on the total number of references accumulated. This not only encourages more selective and relevant reference filing but also contributes to efficiency in the patent examination process.

These changes require stakeholders to adjust their patent management strategies, with particular attention to optimizing the number of claims, carefully considering the use of RCEs, and effectively managing IDS reference filings.

The specific government fees for filing a patent application at the USPTO are shown below:

Note to customers when using the services of patent agents and law firms in the United States

Clients are encouraged to review their portfolios and consider filing any major design applications, continuation applications, RCEs, or IDSs before the changes take effect. Adjusting filing strategies and reducing over-applications may help reduce costs under the new structure.

US Patent Protection Strategy

When processing bypass applications, be sure to comply with the DOCX filing requirements effective January 1, 2023, and submit a certified copy of the foreign priority application. Proactive planning and compliance with these procedures can avoid delays in processing times.

Important Notes for Patent Applicants When Using IP Agent Services in the United States

Evaluation and Selection of Patent Agent

Applicants should conduct thorough research when selecting a patent agent or law firm. It is important to verify that the agent is properly registered with the USPTO and has appropriate expertise in the specific technology area of the invention. Consider:

• Experience in relevant technology field;
• Track record of success in obtaining patents;
• Ability to communicate and respond promptly;
• Service costs and fee structure;
• Reviews and comments from previous customers.

Optimizing Cost and Time

To optimize costs in the context of rising USPTO fees, applicants should:

• Prepare a detailed and complete patent description from the beginning;
• Consider filing before January 19, 2025 to take advantage of current fees;
• Focus on the most important claims to reduce the number of excess claims;
• Strategically plan RCE and IDS submissions to minimize costs.

Compliance with Regulations and Deadlines

Applicants should pay special attention to:

• Submit DOCX format documents according to new regulations;
• Ensure timely submission of certified priority documents;
• Closely monitor maintenance fee deadlines;
• Maintain regular contact with the patent agent.

Long Term Protection Strategy

Develop a comprehensive patent protection strategy that includes:

• Identify target markets and scope of protection needed;
• Consider filing a partial continuation application to expand the scope of protection;
• Periodically review patent portfolio to ensure commercial value;
• transfer and enforcement strategies .

Document and Information Management

To ensure an efficient application process:

• Keep complete records of the patent development process;
• Prepare detailed technical documentation;
• Maintain a list of relevant references;
• Monitor and stay informed about competing patents.

Risks and Precautions

Applicants should note:

• Sign a clear service contract with the patent agent;
• Understand the scope of services and associated costs;
• Maintain confidentiality of information prior to application;
• Prepare a backup plan for emergencies.

Compliance with the notes for patent protection in the US Patent Law: CredIPR’s Top 3 Updates for Intellectual Property Rights will help applicants optimize the patent registration process, save costs, and increase the likelihood of success in obtaining a patent at the USPTO. For support with a smooth patent registration procedure in the United States, please contact Viet An Law for timely support.