Andrew W. Wahba

The United States Patent and Trademark Office (USPTO) is increasing many of the patent and trademark fees effective October 2, 2020. On average, the fees are increasing by 5 – 10 percent. Below is a summary of the larger changes and their economic impact on your portfolio.   Current Fees Final Patent Fee Schedule Fees Increase/(Decrease) Percentage Change Description Large Entity Fee Small Entity Fee Micro Entity Fee Large Entity Fee Small Entity Fee Micro Entity Fee Large Entity Fee Small Entity Fee Micro Entity Fee Large Entity Fee Small Entity Fee Micro Entity Fee Patent Application Filing Fees  Basic

After a decade of atrophy, opinions of counsel may again be an essential part of any defensive patent strategy due to recent changes in the law.  The Supreme Court in Halo overruled the Federal Circuit’s Seagate test for enhanced damages. 1 By eliminating Seagate’s requirement for objectively reckless conduct on the part of the accused infringer and lowering the patent owner’s burden of proof, Halo has undoubtedly made it easier for patent owners to seek enhanced damage awards, i.e. up to treble damages. In contrast to enhanced damages, opinions of counsel could