Authorities
Regulations.
Rules from the U.S. Patent and Trademark Office, the Copyright Office, and the Texas federal courts, including fee schedules and local patent rules.
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19 C.F.R. Part 133: Customs recordation of trademarks and copyrights
Part 133 governs recordation of trademarks and copyrights with U.S. Customs and Border Protection. Sections 133.1 through 133.4 cover recordation of a federally registered mark, which lets Customs detain imports bearing counterfeit marks. Unregistered marks and trade dress can be enforced at the border only through an ITC exclusion order.
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37 C.F.R. Part 2: Trademark Trial and Appeal Board rules
Part 2 sets the rules of practice before the Trademark Trial and Appeal Board. Section 2.102 governs oppositions, including the 30-day period after publication and extensions up to 180 days. Section 2.117(a) governs suspension of a Board case when a lawsuit between the parties may decide it. Section 2.145(d) sets the 63-day period to seek review of a final Board decision.
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37 C.F.R. Part 42: Trial practice before the Patent Trial and Appeal Board
Part 42 sets the trial practice rules for Patent Trial and Appeal Board proceedings, including inter partes review and post-grant review. It covers petitions, preliminary responses, discovery, and the conduct of the trial through the final written decision. The PTAB applies the ordinary-meaning claim construction standard under section 42.100(b).
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37 C.F.R. § 201.38: DMCA designated agent registration
To keep the DMCA safe harbor under 17 U.S.C. § 512(c), a service that hosts user content must have a designated agent registered with the Copyright Office. The designated-agent registration must be renewed every three years under section 201.38.
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37 C.F.R. § 201.3: Copyright Office fees
Section 201.3 sets the Copyright Office fee schedule. Special handling, available when litigation is pending or expected, costs an extra $800 per claim under subsection (d), rising to $1,100 effective November 11, 2026. Subsection (g) sets Copyright Claims Board fees of $40 at filing plus $60 once the proceeding becomes active.
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37 C.F.R. § 42.15: PTAB trial fees
Section 42.15 sets the fees for PTAB trials. For inter partes review the request fee is $23,750 and the post-institution fee is $28,125, for up to 20 claims, under subsection (a). For post-grant review the fees are $25,000 and $34,375 under subsection (b).
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Eastern District of Texas Local Patent Rules
The Eastern District of Texas has written local patent rules. Infringement contentions are due 10 days before the initial case management conference under P.R. 3-1, and invalidity contentions 35 days after that conference under P.R. 3-3. The rules also set the claim construction sequence under P.R. 4-1 through 4-6, and the district's model order under General Order 13-20 narrows the claims and prior art references as the case proceeds.
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Northern District of Texas Second Amended Miscellaneous Order No. 62
The Northern District of Texas governs patent cases in the Dallas Division under Second Amended Miscellaneous Order No. 62. Infringement contentions are due 7 days before the initial case management conference under rule 3-1(a), and invalidity contentions 45 days after the infringement contentions under rule 3-3(a).
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Southern District of Texas Rules of Practice for Patent Cases
The Southern District of Texas has written Rules of Practice for Patent Cases. Contention deadlines are set by scheduling order, with the court's template suggesting infringement contentions 2 weeks after the scheduling conference and invalidity contentions 6 weeks after the infringement contentions.
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USPTO Fee Schedule
The USPTO fee schedule sets patent fees. The basic utility filing fee is $350, the search fee is $770, and the examination fee is $880. Small entities pay 40 percent of the standard amounts, micro entities pay 20 percent, and a small entity that files electronically pays a further reduced basic filing fee of $70. Excess-claims, issue, and maintenance fees are additional, and paper filing adds a $400 fee. Fees change, so the current schedule should be confirmed before filing.
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Western District of Texas Standing Order Governing Proceedings (OGP) 4.0
The Western District of Texas has no district-wide patent rules; each judge's standing orders control. Under the Waco order used by Judge Albright, OGP 4.0, infringement contentions were due 7 days before the case management conference and invalidity contentions 7 weeks after that conference, with trial set about 52 weeks after the claim construction hearing. After Judge Albright's resignation effective August 31, 2026, litigants should confirm which procedures the assigned judge follows.