The Polsinelli Intellectual Property Counseling and Opinions team offers clients our extensive experience in services related to patent counseling and opinions of counsel. We are skilled in drafting freedom to operate, patentability, non-infringement, and infringement analysis opinions. 

Our experience in this area also includes drafting and counseling clients on strategies for generics and ANDA filings. We partner with our clients on design around and patentability opportunities which can include non-infringement or invalidity opinions. Finally, our opinions are utilized by our clients to help facilitate entry into markets by our clients. Specifically, we analyze whether clients can enter markets with new products and whether there is IP that prevents such entry.

Related Capabilities
Chemical Intellectual PropertyIntellectual PropertyMechanical Engineering & Medical Devices Patent ProsecutionPatent LitigationPatent Preparation & Prosecution
Publications
All Publications
USPTO Finalizes Fee Hikes and New Fees for 2025: Key Tips for Patent Applicants
The USPTO announced a set of finalized fee increases and new fees to take effect on January 19, 2025. The changes to the USPTO’s fees in 2025 add significant new fees for filing continuing applications (including continuation applications, divisional applications, and continuation-in-part applications) 6+ years after the priority date ($2,700 for undiscounted entities) or 9+ years after the priority date ($4,000 for undiscounted entities). Patent applicants wishing to avoid these significant new fees should expedite filing any continuing applications that have priority dates 6+ years ago before these new fees are implemented on January 19, 2025. The USPTO is also adding new fees for information disclosure statements (IDSes) based on how many applicant-provided items are cited in IDSes files for a given
Read More
USPTO’s New Electronic Grant System Shortens the Time to File Continuing Applications
On April 18, 2023, the United States Patent and Trademark Office (“USPTO”) updated the patent grant system to an electronic patent grant (“eGrant”) system. Previously, the USPTO issued patent grants to patent applicants via mail. In the mail system, applicants would typically receive their grant about two to four weeks after paying the issue fee for the patent. Soon, applicants will only have about a week from payment of the issue fee to file a continuing application. Under the eGrant system, patents now issue electronically through the USPTO’s electronic patent application filing and management system (“Patent Center”). The eGrant system was put into place to reduce paper waste, permit issued patents to be viewable and printable by applicants and the public
Read More