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United States Patent and Trademark Office › Filing Requirements

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 -
ArentFox Schiff

USPTO Raises Annual Cap on Prioritized Patent Examination Requests

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The US Patent and Trademark Office (USPTO) has finalized a rule increasing the annual limit on accepted requests for prioritized patent examination from 15,000 to 20,000, effective with fiscal year 2025 (FY 2025). This...more

MoFo Life Sciences

Need to FAST Track Your Patent? The USPTO increases the Annual Limit to 20,000

MoFo Life Sciences on

Effective July 8, 2025, the U.S. Patent and Trademark Office (USPTO) expanded the availability of prioritized examination, increasing the limit on the number of requests from 15,000 to 20,000 in a fiscal year. The 20,000...more

McCarter & English, LLP

What to Do Now That the USPTO Accelerated Examination Program Is Ending

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The US Patent and Trademark Office (USPTO) introduced the Accelerated Examination program in 2006 to help applicants receive expedited examination of important patent applications. The USPTO is ending the Accelerated...more

K&L Gates LLP

USPTO Discontinuing the Accelerated Examination Program for Utility Applications

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On 10 June 2025, the US Patent and Trademark Office (USPTO) published a Final Rule announcing the discontinuation of the Accelerated Examination program for utility applications beginning 10 July 2025. The change affects the...more

Troutman Pepper Locke

Beware of Scam Notices Targeting Trademark Applicants

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Scam notices are being sent to those who have filed trademark applications with the U.S. Patent and Trademark Office (USPTO) or already own a registered mark. The notices are designed to exploit publicly available...more

MoFo Life Sciences

USPTO Discontinues Accelerated Examination Program in Favor of Expanding Track One Program

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On June 10, 2025, the United States Patent and Trademark Office (USPTO) announced that, after nearly 20 years, it will be discontinuing its Accelerated Examination Program for utility applications on July 10, 2025. The...more

Farella Braun + Martel LLP

New TTAB Precedent Prohibits Incorporation By Reference

Farella Braun + Martel LLP on

In a precedential decision issued June 6, 2025, the Trademark Trial and Appeal Board (TTAB) confirmed what has long been suggested in its procedural manual: Appellants in ex parte appeals may not incorporate arguments from...more

Fitch, Even, Tabin & Flannery LLP

USPTO Adopts Partial Trademark Replacement Rule to Align with Madrid Protocol

Fitch, Even, Tabin & Flannery LLP on

Effective July 2, 2025, the USPTO will accept requests for both full and partial replacement of earlier national trademark registrations with international registrations. Previously, the USPTO only permitted trademark holders...more

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

Avoid Pitfalls in Declaration of Use Filings: Domicile Address Requirements and U.S. Counsel Rule

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

Owners of U.S. trademark registrations issued in 2018 or 2019 will be facing an initial maintenance filing deadline this year (either a Section 8 or Section 71 Declaration of Use), and will need to take note of a new rule...more

McDermott Will & Emery

PTO Accelerates Patent Issuance Timeline

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The US Patent & Trademark Office (PTO) announced that it has shortened the time between the issue notification and the issue date for patents. Historically, the time between these two events averaged about three weeks....more

Womble Bond Dickinson

USPTO Announces Changes to Patent Issue Timelines and Design Application Examinations

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This week, the U.S. Patent and Trademark Office (USPTO) made two announcements of interest to patent holders and practitioners as part of modernization and efficiency efforts...more

Fox Rothschild LLP

USPTO to Expedite Patent Issuance

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The U.S. Patent and Trademark Office (USPTO) announced today that effective May 13, 2025, the time between an Issue Notification and issue date of a U.S. patent will be reduced to about one week. Currently, it takes three...more

Ladas & Parry LLP

USPTO Efforts at Modernity Speeds Patent Issuance

Ladas & Parry LLP on

On May 13, 2025, the U.S. Patent and Trademark Office (USPTO) will expedite Issue Dates for patents. This will reduce the average time from three weeks to about two, so patent holders can bring their investments to market...more

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

Fox Rothschild LLP

Large Entity, Small Entity or Micro-Entity: Which Type of Patent Applicant Are You? - UPDATED 4/3/25

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When applying for a patent application, certain entities are entitled to reduced USPTO filing fees. Applicants who qualify for small entity status can reduce many USPTO fees by 60%. Applicants who are micro entities can...more

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

Filings Up, Pendency Down – USPTO 2024 Year in Review (& Early Thoughts for 2025)

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

With 2024 now in the rearview mirror, it’s a great time to take a look at the past year’s U.S. trademark prosecution and examination numbers – and consider where the U.S. Patent and Trademark Office (“USPTO”) may be heading...more

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

Key Considerations When Using AI Tools to Draft and File Documents with the USPTO

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

The use of Artificial Intelligence (AI) tools in practice before the United States Patent and Trademark Office (USPTO) is changing how practitioners prepare and submit documents. The USPTO’s recent Guidance on Use of...more

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

USPTO Fees Are Rising Drastically in 2025: What to Do Now to Save Thousands of Dollars

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

Heading into 2025, patent applicants should prepare for significant fee increases at the United States Patent and Trademark Office (USPTO). These fee increases can significantly impact patent applicant behavior, leading...more

McDonnell Boehnen Hulbert & Berghoff LLP

The USPTO's Guidance on Use of AI-based Tools in Practice

McDonnell Boehnen Hulbert & Berghoff LLP on

Since President Biden issued his Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, the U.S. Patent and Trademark Office has been investigating the potential pitfalls of...more

Womble Bond Dickinson

Patent Practitioners Take Note: (Even) if You Use AI, Read Before You File

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On February 6, 2024, the USPTO weighed in with guidance for practitioners using—or considering using—AI in preparing submissions to the USPTO. In essence, Director Kathi Vidal has reminded practitioners that they must sign...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Delays Transition to DOCX (Again)

McDonnell Boehnen Hulbert & Berghoff LLP on

On December 29, 2022, to the relief of many practitioners and applicants, the U.S. Patent and Trademark Office delayed the effective date of its controversial incentivized transition to DOCX format for patent application...more

Womble Bond Dickinson

UPDATE: USPTO Non-DOCX Surcharge Now Set to Roll-Out on April 3, 2023

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The United States Patent and Trademark Office (USPTO) will begin applying a surcharge to all applications filed in non-DOCX form on April 3, 2023. The USPTO originally had announced the surcharge would take effect on Jan. 1,...more

Sheppard Mullin Richter & Hampton LLP

Benefits and Considerations for Patent Prosecution under Patent Prosecution Highway in the U.S., Europe, China, and Singapore

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Patent Prosecution Highway or PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patent prosecution in countries of the participating patent offices. PPH allows the...more

Bradley Arant Boult Cummings LLP

Overcoming TM Maintenance Filing Hurdles Amid Pandemic

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As we near the second year of the COVID-19 pandemic, trademark maintenance deadlines in 2021 create new obstacles for registrants. To maintain a federal trademark registration, registrants must periodically file an...more

Bradley Arant Boult Cummings LLP

As Pandemic Drags On, Trademark Registrants May Face Maintenance Filing Hurdles

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Despite the black humor that March 2020 has never actually ended, time does keep marching on and presenting new challenges. As we near the second year of the COVID-19 pandemic, trademark maintenance deadlines in 2021 create...more

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