Eyes on 2025: AI, Filing Fees, and a ‘Power Grab’

Managing IP talked to attorneys about what intellectual property trends they’re expecting to see this year. These included watching the growth of artificial intelligence (AI), USPTO fee increases, and the implications of the 2024 Supreme Court ruling in Loper Bright Enterprises v Raimondo. Attorneys are advising clients to adapt their strategies and budgets to prepare for these changes in the year ahead.

Director and Chair of Sterne Kessler’s Patent Prosecution Practice, Carla Kim, says the USPTO does not have as much power as it used to and will be worth watching this year. “This could have a significant impact on the USPTO, whether through PTAB cases or USPTO rules. But it remains to be seen,” she says.

When discussing the fee increases for new patents and trademarks at the USPTO, Carla says the patent fee increases are significant. “Especially in the life sciences, information disclosure statements can be voluminous.”

“Will that affect or reduce patent filings? We’ll have to see. My impression is that it’s not going to change what big companies will do but will definitely affect what small companies will do.” She adds, “A lot of the innovation is coming out of these small companies, and they’ll have a hard time maintaining patent budgets.”

Regarding the growth of AI, Carla says this will be especially relevant when it comes to inventions that were developed with the assistance of AI. She continued, “Practitioners will have to consider how to draft a patent application incorporating AI-assisted inventions.”