Loren Donald Pearson

Loren Donald Pearson is a Registered Patent Attorney and a Florida Bar Board Certified Intellectual Property Attorney.  He is a partner at Assouline & Berlowe, PA and leads its intellectual property group.  Read his profile

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Entries in USPTO (16)


Trademark Office Proposes Lower Filing Fees

The United States Patent and Trademark Office (USPTO) issued a press release to accompany its proposed set of new rules that include lower filing fees for trademark applications.

The new rules propose to lower the government filing fees by $50 per class.  The reductions would reduce applicaitons filed by the online TEAS process from $325 per classs to $275 per class and TEAS+ applications from $275 to $225 per class.

Trademark renewals filed using the online TEAS system will drop from $400 to $300 as well.

Written comments on the rules are due by June 23, 2014.  The rules are expected to be finalized after that date unless a suprising comment is submitted.


USPTO Closed Monday May 27, 2013, for Memorial Day

The United States Patent and Trademark Office (USPTO) is closed on Monday, May 27, 2013, in observance of Memorial Day.  All deadlines that are due during the weekend or Monday are due on Tuesday May 28.

The offices of Assouline & Berlowe, P.A. are closed as well.


Patent Term Calculator Released by USPTO

The USPTO release a patent term calculator.  As its name suggest, the patent term calculator determines when a patent will expire.  The calculator is in the form of an Excel spreadsheet that is available for download.

The calculation is surprisingly complicated; the revised final rules in the federal register are available for viewing.  The term can be extended for the Office's delays: for example, when the USPTO takes longer than fourteen (14) months to examine initially an application.  The extension can be reduced when the applicant extends a deadline.

The patent term calculator should be used in several situations:

  1. When a patent issues, the notice of allowance will include a calculation of the extension.  Applicant's should confirm the USPTO's calculation so they can petition if an error is found;
  2. When calculating a license, the length of the patent most likely will affect the price of the license because the length of the license period is changed; and
  3. When a competitor is timing its entry into a market and the competitor does not want to commit an act of infringement before the patent has expired.

What Applicants should remember:

  1. Applicants may petition the USPTO if a mistake in the USPTO's term extension calculation is discovered; and
  2. Extensions of time when responding reduce the patent-term extension on a day-for-day basis.



USPTO Offers 75% Discount to Micro Entities

The United States Patent and Trademark Office (USPTO) enacted rules establishing a 75% discount of some patent fees for qualifying patent applicants on March 19, 2013.  The USPTO published the final rules in the Federal Register at 77 Fed. Reg. 75019  Micro-entity status is meant to reduce the cost to inventors who are not affiliated with business and that do not yet have access to capital.

To qualify, a patent applicant must meet the following criteria:

  1. Does the applicant qualify as a small entity?   (i.e. an individual, business with no more than 500 employees, or nonprofit).
  2. Has applicant or any joint inventor filed no more than four US non-provisional patent applications? An exception exists if prior-application were assigned to a past employer.
  3. Did all applicants and listed inventor make no more than $150,000 in the past year?  $150,000 is the number for income in 2012.  The amount is adjusted annually.
  4. Are no rights in the application promised or licensed to a non-micro-entity?

If you have a pending application or patent and qualify, contact Loren Pearson via email or phone at (305)567-5576 to update the status of your application.



Increased Patent Office Fees Efective October 5

The Department of Commerce increased the Patent Office fees by five percent (5%) to account for inflation.  Trademark fees are not changed.

The announcement in the CFR is available for reading.

The 10/05/2012 Fee List is also available.