IP News

Final Rule related to AIA trial procedures

The USPTO published on December 8, 2020, a Final Rule related to America Invents Act (AIA) trial proceedings. The Final Rule implements the Supreme Court’s decision in SAS Institute Inc. v. Iancu, 138 S. Ct. 1348 (2018) - if the Patent Trial and Appeal Board institutes a review, trial will proceed on all challenged claims and on all asserted grounds of unpatentability. The Final Rule also revises the rules to conform to the current standard practice of providing for automatic sur-replies. The Final Rule further eliminates the presumption that a genuine issue of material fact is viewed in the light most favorable to the petitioner for purposes of deciding whether to institute a review.

Trademark Fee Adjustment

The USPTO is adjusting Trademark fees, and Trademark Trial and Appeal Board (TTAB) fees, effective January 2, 2021. Notable changes include an increase from $275 to $350 per class for TEAS Standard, and from $225 to $250 per class for TEAS Plus, in the application fee, an increase from $125 to $225 for Section 8 or 71 declaration, an increase from $100 to $250 for petiting the Director, and an increase from $400 to $600 per class for filing a Petition to cancal or a Notice of opposition. More detailed information about the fee change can be found here.