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Federal Circuit Confirms that State Sovereign Immunity, Like Tribal Immunity, Cannot Shield Patents from AIA Patent Challenges

On June 14 the Federal Circuit further clarified that sovereign immunity cannot be used to shield a patent from having its validity challenged in inter partes review proceedings at the Patent Trial & Appeal Board (PTAB). In Regents of the University of Minnesota vs. LSI Corporation, a panel consisting of Judges Dyk, Wallach, and Hughes built upon the court’s prior decision in Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals, Inc. involving tribal sovereign immunity, and found that the University of Minnesota’s sovereign immunity did not preclude inter partes review (IPR) of its patents.

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Changes in EPO Divisional Deadlines – Fees Announced


Time to Read: 1 minutes Practices: Patent Strategy

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Following its previous announcement to repeal the 24-month limit on filing divisional applications, on December 13, 2013 the European Patent Office (EPO) announced an updated schedule of fees for filing European patent applications, on or after April 1, 2014. The attached table summarizes the total filing fees for applications filed electronically after that date. As indicated, an increasingly higher fee is applied to subsequent divisional applications filed after a 1st generation divisional application.

Application Type

Filing Fee (Euro)

European Patent application

120

1st generation divisional application

120

generation divisional application

330

3rd generation divisional application

540

4th generation divisional application

750

5th and subsequent generation divisional application

960

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