Patent Office Seeks Feedback on Its Patent-Challenge Paperwork
Published Date: 5/21/2025
Notice
Summary
The Patent Office is updating how it collects info about patent challenges to keep things clear and fair. If you’re involved in patent reviews or disputes, this affects you! They’re asking for your thoughts by July 21, 2025, before sending the updates for final approval—no extra costs, just smoother patent battles ahead.
Analyzed Economic Effects
3 provisions identified: 0 benefits, 3 costs, 0 mixed.
Big time and legal-cost burden on patent parties
If you or your business takes part in Patent Trial and Appeal Board proceedings (like inter partes review, post-grant review, or derivation), the USPTO estimates the public will spend a total of 590,630 hours per year and incur $264,011,610 in annual hourly legal-cost burden. The agency estimates 7,897 respondents and 11,947 responses, with each response taking between 0.3 hours and 170 hours.
High PTAB filing fees for petitioners and respondents
Filing or responding in PTAB proceedings carries significant fees: an Inter Partes Review request (up to 20 claims) has a $23,750 fee and a post-institution fee of $28,125 (excess-claim fees $470 request / $940 post-institution). Post-Grant Review request fees are $25,000 and post-institution $34,375 (excess-claim fees $595 request / $1,315 post-institution). The USPTO estimates total annual non-hour filing fees of $76,099,956 and lists other fees such as $452 for a derivation petition and $269 for pro hac vice admission.
Covered business method review program expired
The transitional program for covered business method patents expired on 2020-09-16; the Board no longer accepts new petitions under that program but will continue to accept papers in proceedings that were already instituted before that date.
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Key Dates
Department and Agencies
Related Federal Register Documents
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2026-17524, Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Patent Trial and Appeal Board (PTAB) Appeals
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2026-16744, Request for Comments on Community Outreach Office Locations in the Southwest States
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