26Observations & Oppositions builder

Filings, by office.

What each office accepts, by when, for what fee, and whether you need an agent. Open a filing for the full rules and a real one as filed. For most of them IPtorch drafts the papers from your search, in the office's format, with every citation pinpointed; you review, sign and file. You pay for the tokens a build uses, plus a small fee: see pricing.

USPTO, PTAB and federal courts

United States

USPTOIDS Information disclosure statement 37 CFR 1.97 and 1.98 The applicant's own list of known prior art, filed to meet the duty of disclosure. Each item the examiner considers is printed on the patent.

Deadline
Until the issue fee is paid

Official fee
$0 - $1,080

Proceeding
Applicant's own · ex parte

Agent needed
Yes, if a company

Owner faces
Its own filing

Details and a filed sample
USPTO Third-party preissuance submission 35 U.S.C. 122(e); 37 CFR 1.290 Printed prior art put before the examiner of a pending US application, with a short factual note on each item.

Deadline
Later of 6 months or first rejection

Official fee
$0 - $195 per 10 items

Proceeding
Ex parte · client can stay unnamed

Agent needed
No

Owner faces
Art the examiner may apply

Details and a filed sample
USPTO Protest by a member of the public 37 CFR 1.291; 35 U.S.C. 122(c) An argued case to the examiner that a pending US application should not be granted, on any ground and with any evidence.

Deadline
Before publication or allowance

Official fee
$0 - $150

Proceeding
Ex parte · client can stay unnamed

Agent needed
No

Owner faces
Examiner must address it

Details and a filed sample
USPTO Citation of prior art in a patent file 35 U.S.C. 301; 37 CFR 1.501 Prior art, or the owner's own statements on claim scope, added to an issued patent's public file. Starts no proceeding.

Deadline
Until expiry plus 6 years

Official fee
$0

Proceeding
No proceeding · anonymous

Agent needed
No

Owner faces
Art on its public file

Details and a filed sample
USPTOEPR Request for ex parte reexamination 35 U.S.C. 302; 37 CFR 1.510 The USPTO re-examines an issued patent over patents and publications. A fraction of IPR's cost, with no estoppel.

Deadline
Until expiry plus 6 years

Official fee
$2,710 - $13,545

Proceeding
Ex parte · client can stay unnamed

Agent needed
No

Owner faces
Reexamination if ordered

Details and a filed sample
PTABPGR Post-grant review petition 35 U.S.C. 321 to 329; 37 CFR part 42 A PTAB trial to cancel claims of a patent in its first 9 months, on any invalidity ground.

Deadline
9 months from grant

Official fee
From $59,375

Proceeding
Inter partes trial · named

Agent needed
No

Owner faces
Full PTAB trial

Details and a filed sample
PTABIPR Inter partes review petition 35 U.S.C. 311 to 319; 37 CFR part 42 The standard PTAB trial to cancel claims of an issued patent over prior patents and printed publications.

Deadline
Opens 9 months after grant

Official fee
From $51,875

Proceeding
Inter partes trial · named

Agent needed
No

Owner faces
Full PTAB trial

Details and a filed sample
PTABDER Derivation proceeding 35 U.S.C. 135; 37 CFR 42.400 to 42.412 A PTAB trial over who invented: whether an earlier filer took the invention from your inventor and filed without permission.

Deadline
1 year from the rival claim

Official fee
$452

Proceeding
Inter partes trial · named

Agent needed
No

Owner faces
Inventorship trial at PTAB

Details and a filed sample
US courtsDJ Declaratory judgment complaint 28 U.S.C. 2201, 2202 A federal suit by an accused party asking the court to declare the patent not infringed, or invalid.

Deadline
Once a controversy exists

Official fee
$405

Proceeding
Court action · named

Agent needed
Yes, if a company

Owner faces
Federal lawsuit

Details and a filed sample

EPO, UPC and national courts

Europe

DPMA, the Federal Patent Court and the regional courts

Germany

WIPO and the PCT

International

WIPOTPO PCT third-party observations PCT Administrative Instructions, Sections 801 to 805 Free prior art against a published PCT application, sent through ePCT and passed to every designated office. Anonymous if you like.

Deadline
Until 28 months from priority

Official fee
Free

Proceeding
No party status · anonymous allowed

Agent needed
No

Owner faces
No duty to respond

Details and a filed sample

Facts checked against each office's rules on 22 September 2026, fees on 13 October 2026. Fees are the office's own, before any attorney's charges; "agent needed" means representation is mandatory. IPtorch is not a law firm and these pages are not legal advice. Its output is unsigned work product for a registered professional to review, sign and file. Confirm current requirements, fees and deadlines with the receiving office.