Million Dollar Patent

In patent prosecution, the Patent Office fees are usually quite low when compared to the cost of hiring a patent attorney.  I’m predicting that the usual equation is not quite true for Angiotech International who was recently asked to pay $1.25 Million in application filing fees for a patent application having about 10,000 claims.  (File Attachment: Fee Due.pdf). 

As would be expected, the patentee quickly submitted an amended specification that cut the disclosure to three independent claims and 96 dependent ones — thus reducing its PTO bill to only two grand.

As Greg Aharonian noted, it is lucky that the applicant was a small entity — otherwise the fee would have been over $2,000,000. (Published Application)


One thought on “Million Dollar Patent

  1. Interestingly, if you look at the case on public PAIR, they actually filed 13,305 claims, but the USPTO “only” charged them for 9,999 – it appears that the PTO computer overflows at 10,000.

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