2017 Report of the Economic Survey

AIPLA Report of the Economic Survey 2017

Six of the types of charges listed under US Utility Patents charges were primarily billed hourly (by more than 70% of respondents) for the following: Appeal to the Board in utility patent application without oral argument, Appeal to Board in utility patent application with oral argument, Ex parte re-exam, Validity/Invalidity Only Opinion, per patent, Infringement/ Non-Infringement Only Opinion, per patent, and Combination Validity and Infringement, per patent. Paying a Maintenance Fee and Issuing an allowed application (All post-allowance activity) are billed primarily by as a fixed fee; 60.6% and 52.7%, respectively.

TYPE OF FEE PRIMARILY USED IN 2016 FORUS UTILITY PATENTS: (P. I-110, Q33a-Q33r)

Original Non-Provisional (Prep/File) Provisional Patent App

Original App - Biotech/Chemical (Prep/File) Original App - Electrical/Computer (Prep/File) Original App - Mechanical (Prep/File) App Amend/Argue Minimal Complexity App Amend/Argue Biotech/Chemical App Amend/Argue Electrical/Computer App Amend/Argue Mechanical Appeal to Board - No Oral Argument Appeal to Board - With Oral Argument Issue Allowed App All Post-Allowance Activity

Ex parte Re-Exam Maintenance Fee Utility Patent Search/Analysis/Opinion Validity/Invalidity Only Opinion Infringement/ Non-Infringement Only Opinion Comb. Validity & Infringement Opinion 0%

20%

40%

60%

80%

100%

Fixed Fee Hourly Other

38