UTBMS Code Database

Patent Codes

Both LOC patent standards: the 2023 IP Patent Prosecution Codes (110 series) built for objective verification against patent office records, and the 2009 Patent Codes (PA series) covering the broader patent lifecycle, with the official mapping between them.

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UTBMS patent work carries two LOC standards: the 2023 IP Patent Prosecution Codes for prosecution, and the 2009 Patent Codes for the broader patent lifecycle.

The 2023 codes (the 110 series) structure prosecution as a numeric phase-and-task hierarchy designed so task codes can be validated against actual patent office filing records, which makes them the first UTBMS set built for objective invoice verification. The 2009 codes (the PA series) cover the broader patent lifecycle including opinions and portfolio work and remain in wide use. Both are complete here, and the official 2023 standard includes a mapping between them. Every code is searchable alongside all sets at the UTBMS code database.

Patent prosecution is high-volume, repeatable work, which makes it one of the most measurable categories a legal spend management program can benchmark: cost per filing, per office action response, and per issued patent are all computable when the codes are applied consistently.

What are patent codes used for?

Patent codes serve two jobs. The 2023 prosecution codes track the numbered steps of getting an application through the patent office, in a structure meant to be checked against the prosecution record itself. The 2009 codes cover everything prosecution does not, including opinions, portfolio strategy, and post-grant work.

The distinctive review signal here is verifiability. Because the 2023 standard lists the patent office documents that validate each task code, an entry can be confirmed against the public prosecution record, which is a stronger check than any other UTBMS set offers.

What does each patent code cover?

2023 IP Patent Prosecution CodesLOC (2023)

Complete, built from the ratified LOC source spreadsheet. A distinctive feature of this set: the standard lists patent office documents and transaction records that validate each task code, so entries can be checked against the prosecution record itself.

110100 (Pre-Application) Invention Review and Filing Strategy

Maps to the 2009 codes: PA120, PA210, PA220, PA299

110101: Become Familiar with Invention/IdeaLOC (2023)

Initial review and understanding of the invention disclosure.

When to use this code: Use for first engagement with a disclosure.

Patterns reviewers commonly see: Familiarization time recurring across related applications in the same family, where prior understanding should carry forward.

What invoice review checks: Hours per disclosure by technology area; families should show declining familiarization cost.

110102: Formalize Invention/IdeaLOC (2023)

Working the disclosure into a formalized invention description suitable for strategy and drafting.

When to use this code: Use for disclosure development work.

Patterns reviewers commonly see: Formalization absorbing drafting work that belongs in the application preparation phase.

What invoice review checks: The boundary with 110201, visible in whether claim language is being produced.

110103: Develop Filing StrategyLOC (2023)

Filing strategy development, including preliminary search review and strategy decisions on where and what to file.

When to use this code: Use for strategy work preceding filing.

Patterns reviewers commonly see: Strategy time on filings that follow the client's standing filing rules, where the decision was already made by policy.

What invoice review checks: Whether a genuine strategy decision existed, against the client's filing guidelines.

110200 Initial Application and Supplements

Maps to the 2009 codes: PA310, PA330, PA520, PA530 (and related preparation codes)

110201: Prepare/Submit Initial ApplicationLOC (2023)

Preparing and submitting the application itself, including application data sheets, inventor declarations filed with the application, and PCT requests.

When to use this code: Use for initial application preparation and filing, the largest work product in prosecution.

Patterns reviewers commonly see: Hours per application varying widely within a technology area, and family members billed at first-filing depth when priority documents supply most of the content.

What invoice review checks: Cost per application by type (provisional, non-provisional, PCT, design) and technology area, the defining unit metric of patent spend, validated against the filing record.

110202: Prepare/Submit Supplemental DocumentsLOC (2023)

Supplemental filings around the application, including declarations, powers of attorney, preliminary amendments, and entity status petitions.

When to use this code: Use for supplemental document work.

Patterns reviewers commonly see: Formalities at attorney rates where paralegal handling is standard practice.

What invoice review checks: Per-document unit cost and staffing level, verifiable against the file record.

110203: Request Special ExaminationLOC (2023)

Petitions for prioritized or special examination, including Track 1 requests and petitions to make special.

When to use this code: Use for acceleration requests.

Patterns reviewers commonly see: Acceleration requests without a stated business reason, since they carry both fees and prosecution-pace consequences.

What invoice review checks: Whether the acceleration decision was client-directed, against the official record of the request.

110300 Application Amendments (Corrections or Restrictions)

Maps to the 2009 codes: PA420, PA620

110301: Correct ApplicationLOC (2023)

Corrections to the application, including inventorship corrections, responses to missing parts and formalities notices, and corrected application data sheets.

When to use this code: Use for correction work.

Patterns reviewers commonly see: Recurring corrections across a firm's filings, which indicate filing quality issues upstream.

What invoice review checks: Correction frequency per application by firm, a filing-quality metric the office record verifies.

110302: Restrict ApplicationLOC (2023)

Responses to restriction requirements.

When to use this code: Use for restriction practice.

Patterns reviewers commonly see: Election responses billed at argument depth when a simple election was made.

What invoice review checks: The response document itself shows the depth of work; unit cost per election.

110400 Examination

Maps to the 2009 codes: PA410, PA430, PA610, PA630

110401: [PCT] Patentability AnalysisLOC (2023)

PCT-stage patentability work, including demands for international preliminary examination and responses to ISA written opinions.

When to use this code: Use for PCT examination-stage work.

Patterns reviewers commonly see: Substantive PCT argumentation on applications where national-phase strategy makes the international opinion low-stakes.

What invoice review checks: Whether PCT-stage investment matches the national-phase plan.

110402: Respond to Office ActionLOC (2023)

Responses to non-final and final office actions.

When to use this code: Use for office action responses, the volume center of prosecution.

Patterns reviewers commonly see: Cost per response varying widely for rejections of the same type, and after-final responses where an RCE decision was already inevitable.

What invoice review checks: Cost per office action response by rejection type and firm, the single most benchmarkable figure in patent prosecution, validated directly against the file wrapper.

110403: Interview ExaminerLOC (2023)

Examiner interviews, including preparation and interview summaries.

When to use this code: Use for interview practice.

Patterns reviewers commonly see: Interviews without documented outcomes advancing prosecution.

What invoice review checks: Interview frequency against allowance progress; well-used interviews shorten prosecution and the record shows it.

110404: File Information Disclosure StatementLOC (2023)

Preparing and filing information disclosure statements.

When to use this code: Use for IDS work.

Patterns reviewers commonly see: IDS preparation billed at substantive-review depth for reference-listing work, and duplicate IDS cost across family members citing the same art.

What invoice review checks: Per-IDS unit cost and cross-family duplication, both visible in the filing record.

110405: Request Continued ExaminationLOC (2023)

Requests for continued examination.

When to use this code: Use for RCE filings.

Patterns reviewers commonly see: RCE cycles repeating without strategy change, each restarting the office action meter.

What invoice review checks: RCE count per application by firm; sustained multi-RCE prosecution is a strategy conversation the data forces.

110500 (Express) Abandonment

110501: Abandon ApplicationLOC (2023)

Express abandonment of an application.

When to use this code: Use for deliberate abandonment filings.

Patterns reviewers commonly see: Little; the review interest is portfolio-level.

What invoice review checks: Abandonments tie to keep-or-drop decisions that should trace to portfolio review, not inertia.

110600 Appeal

110601: File AppealLOC (2023)

Patent office appeal work, including notices of appeal, appeal briefs, and replies. Court appeals run under litigation codes.

When to use this code: Use for PTAB-track appeals.

Patterns reviewers commonly see: Appeals filed as leverage where an interview or RCE was the cheaper path, and brief hours spread across many timekeepers.

What invoice review checks: Cost per appeal against outcomes, and the appeal-versus-RCE decision made explicitly.

110700 Post-Allowance

110701: Conduct Post-Allowance ReviewLOC (2023)

Post-allowance review of the application before issue.

When to use this code: Use for pre-issue review.

Patterns reviewers commonly see: Full-application re-review at allowance where a targeted issue checklist is the standard.

What invoice review checks: Per-allowance unit cost; this is checklist work in most cases.

110702: Pay Issue FeeLOC (2023)

Issue fee payment processing.

When to use this code: Use for issue fee handling.

Patterns reviewers commonly see: Fee payment processing at attorney rates.

What invoice review checks: Administrative staffing; the fee itself is an E129 expense.

110703: Withdraw from IssueLOC (2023)

Petitions to withdraw an application from issuance.

When to use this code: Use for withdrawal petitions.

Patterns reviewers commonly see: Rare; withdrawal usually signals late-breaking strategy or art.

What invoice review checks: The narrative should state the reason; the event is unusual enough to read individually.

110800 Post-Issuance Maintenance, Re-Exam and Re-Issue

Maps to the 2009 codes: PA450, PA650

110801: Pay Maintenance FeesLOC (2023)

Maintenance fee payment processing, including address change forms.

When to use this code: Use for maintenance fee handling; the fees themselves are E130 expenses.

Patterns reviewers commonly see: Per-payment professional fees layered on official fees where an annuity service handles the portfolio at lower unit cost.

What invoice review checks: Unit cost per maintenance event against annuity service pricing, and every payment as a conscious keep decision.

110802: Request Patent Term AdjustmentLOC (2023)

Requests for reconsideration of patent term adjustment.

When to use this code: Use for PTA work.

Patterns reviewers commonly see: PTA requests pursued where the adjustment days carry no commercial value for the asset.

What invoice review checks: Whether the term at stake justifies the request, asset by asset.

110803: Re-IssueLOC (2023)

Reissue proceedings.

When to use this code: Use for reissue work.

Patterns reviewers commonly see: Reissue used where a certificate of correction would serve.

What invoice review checks: The remedial-path decision, documented before the work begins.

110804: Re-ExamineLOC (2023)

Reexamination proceedings.

When to use this code: Use for reexamination work.

Patterns reviewers commonly see: Staffing intensity, since reexam approaches contested-matter economics.

What invoice review checks: Phase budgeting at initiation, as with any contested proceeding.

110900 Post-Abandonment

110901: Petition to ReviveLOC (2023)

Petitions to revive an abandoned application.

When to use this code: Use for revival petitions.

Patterns reviewers commonly see: Revivals tracing to missed deadlines, which pair with E131 late fees as a docketing-quality signal.

What invoice review checks: Revival frequency by firm; the petition cost is small next to what it says about process.

2009 Patent CodesLOC (2009)

COMPLETE: built from the official LOC source PDF (7 groups, 43 task codes). The 2009 schema uses the ABA original activity codes and added the E125-E131 IP expense extension, which the 2013 X-series revised expense codes absorbed.

PA100 Assessment, Development, and Administration

PA110: Fact Investigation and DevelopmentLOC (2009)

Investigating and understanding the facts of a patent matter not covered elsewhere, including interviews and document review.

When to use this code: Use for early factual development.

Patterns reviewers commonly see: General-administration volume on prosecution-heavy portfolios.

What invoice review checks: PA100-group share of patent fees; prosecution work should dominate the PA300 through PA600 groups.

PA120: Analysis/StrategyLOC (2009)

Strategy and planning not covered by other codes, including initial case-assessment research. Task-specific research belongs with its task, such as office action research under PA430.

When to use this code: Use for genuine strategy work.

Patterns reviewers commonly see: Task-supporting research coded here, which drains the unit metrics.

What invoice review checks: Whether entries name a strategic question or a prosecution task.

PA130: Document/File ManagementLOC (2009)

Creating and managing matter databases and filing systems, narrowly defined; docketing belongs with underlying tasks.

When to use this code: Use sparingly.

Patterns reviewers commonly see: Docketing at professional rates, the A110 pattern.

What invoice review checks: The overhead test from guidelines.

PA140: BudgetingLOC (2009)

Developing, negotiating, and revising the matter budget outside other tasks.

When to use this code: Use where guidelines permit billing budget work.

Patterns reviewers commonly see: Billable budgeting against a non-billable designation.

What invoice review checks: Guideline designation, as with L150.

PA199: Other Assessment, Development, or AdministrationLOC (2009)

Administration work fitting no previous code.

When to use this code: Minimal expected usage.

Patterns reviewers commonly see: Catch-all concentration.

What invoice review checks: Cross-set catch-all hygiene metric.

PA200 Patent Investigation and Analysis

PA210: State-of-the-Art InvestigationLOC (2009)

Broad collection searches establishing the state of the art in a technology area, typically at conceptual design stage.

When to use this code: Use for state-of-the-art searches; vendor search costs are expenses.

Patterns reviewers commonly see: Broad searches ordered where a targeted patentability search fits the stage.

What invoice review checks: Search type matched to development stage, and cost per search.

PA220: Patentability InvestigationLOC (2009)

Novelty and prior art searching scoping available protection for a defined invention.

When to use this code: Use for patentability searches.

Patterns reviewers commonly see: Per-search cost variance across firms for comparable technologies.

What invoice review checks: Cost per patentability search as a unit benchmark.

PA230: Clearance InvestigationLOC (2009)

Right-to-use and non-infringement searching against claims covering a defined commercial embodiment. Formal opinions bill under PA710.

When to use this code: Use for clearance work.

Patterns reviewers commonly see: Clearance repeated across related products without carry-forward.

What invoice review checks: Related-product reuse and cost per clearance.

PA240: Validity InvestigationLOC (2009)

Searching for prior art not considered in examination that bears on claim validity. Formal invalidity opinions bill under PA710.

When to use this code: Use for validity investigations.

Patterns reviewers commonly see: Validity work volume unanchored to the exposure or opportunity driving it.

What invoice review checks: Investigation cost against the value of the claim challenge.

PA250: Publication WatchesLOC (2009)

Periodic watch searches on assignees, technologies, applications, or patents.

When to use this code: Use for watch programs; vendor watch services are expenses.

Patterns reviewers commonly see: Attorney-rate triage of watch results a structured process would compress.

What invoice review checks: Watch program cost against actions taken from it, the TR250 logic.

PA260: Infringement InvestigationLOC (2009)

Comparing non-client products against client claims, including samples and claim charts. Formal opinions and complaint support bill under PA710.

When to use this code: Use for infringement investigations.

Patterns reviewers commonly see: Investigation continuing after enforcement launches, when litigation codes govern.

What invoice review checks: The investigation-to-enforcement coding boundary.

PA270: Status InvestigationLOC (2009)

Determining application or patent status, including annuity and maintenance status checks.

When to use this code: Use for status work.

Patterns reviewers commonly see: Manual status volume a docketing system report replaces.

What invoice review checks: Aggregate status-work volume as a tooling signal, the TR270 logic.

PA299: Other Patent Investigation and AnalysisLOC (2009)

Investigation work fitting no previous code.

When to use this code: Minimal expected usage.

Patterns reviewers commonly see: Catch-all concentration.

What invoice review checks: Cross-set hygiene metric.

PA300 Domestic Patent Preparation

PA310: Provisional Application Preparation - DomesticLOC (2009)

Preparing and filing domestic provisional applications, including disclosure review, inventor interviews, drafting, and formal documents.

When to use this code: Use for domestic provisionals.

Patterns reviewers commonly see: Provisional drafting at non-provisional depth where a cost-efficient placeholder was the strategy.

What invoice review checks: Cost per provisional against its strategic role.

PA320: Non-Provisional Application Preparation - DomesticLOC (2009)

Preparing and filing domestic non-provisional utility applications, including PCT and regional applications filed in the home country.

When to use this code: Use for domestic utility applications, the core unit of patent spend.

Patterns reviewers commonly see: Per-application cost variance within a technology area, and family members billed at first-filing depth.

What invoice review checks: Cost per application by technology area, the defining benchmark and fixed-fee basis.

PA330: Design Application Preparation - DomesticLOC (2009)

Preparing and filing domestic design applications.

When to use this code: Use for domestic design filings.

Patterns reviewers commonly see: Design filings at utility-application cost.

What invoice review checks: Per-design unit cost; design prosecution is standardized work.

PA340: Plant Patent Preparation - DomesticLOC (2009)

Preparing and filing domestic plant patent applications.

When to use this code: Use for plant patents.

Patterns reviewers commonly see: Rare enough that entries merit individual reads.

What invoice review checks: Narrative-level review on this low-volume category.

PA350: Continuing Application Preparation - DomesticLOC (2009)

Domestic continuations, divisionals, reissue applications, reexamination requests, and same-country PCT national phase entry.

When to use this code: Use for continuing applications without new disclosure; CIPs bill as new applications.

Patterns reviewers commonly see: Continuations billed at original-drafting depth when the parent supplies the content.

What invoice review checks: Cost per continuation versus cost per original, a ratio that should be well under one.

PA360: Validation Patent Application Preparation - DomesticLOC (2009)

Validating issued regional patents in the home country.

When to use this code: Use for domestic validations.

Patterns reviewers commonly see: Per-validation costs above the formality level of the work.

What invoice review checks: Unit cost per validation.

PA399: Other Patent Application Preparation - DomesticLOC (2009)

Domestic preparation work fitting no previous code.

When to use this code: Minimal expected usage.

Patterns reviewers commonly see: Catch-all concentration.

What invoice review checks: Cross-set hygiene metric.

PA400 Domestic Patent Prosecution

PA410: Information Disclosure Statement - DomesticLOC (2009)

Bringing prior art to the examiner's attention after filing; IDS filed with the application bills under PA300.

When to use this code: Use for post-filing domestic IDS work.

Patterns reviewers commonly see: IDS at substantive-review depth for listing work, and duplicate citation cost across families.

What invoice review checks: Per-IDS unit cost and cross-family duplication, the 110404 logic.

PA420: Preliminary Amendment - DomesticLOC (2009)

Pre-examination amendments not affecting disclosure scope.

When to use this code: Use for domestic preliminary amendments.

Patterns reviewers commonly see: Frequent amendments signaling filing quality issues.

What invoice review checks: Amendment frequency per application by firm.

PA430: Official Communication - DomesticLOC (2009)

Processing domestic office actions and official communications, including docketing, proposed responses, arguments, interviews, petitions, and non-merits communications.

When to use this code: Use for domestic prosecution correspondence, the volume center.

Patterns reviewers commonly see: Cost per office action response varying widely by firm for the same rejection types, and routine notices at full handling rates.

What invoice review checks: Cost per response by rejection type, the most benchmarkable figure in patent spend.

PA440: Quasi-Judicial Administrative Proceedings - DomesticLOC (2009)

Domestic patent office tribunal proceedings: appeals, oppositions, interferences, and other contested matters.

When to use this code: Use for domestic tribunal proceedings.

Patterns reviewers commonly see: Contested-matter staffing without phase budgeting.

What invoice review checks: Cost per proceeding against outcomes, budgeted at initiation.

PA450: Post-Issuance Remedial Action - DomesticLOC (2009)

Post-issuance corrections such as certificates of correction and term adjustment corrections.

When to use this code: Use for domestic remedial actions.

Patterns reviewers commonly see: Remedial frequency tracing to prosecution errors.

What invoice review checks: Remedial rate by firm as a quality metric.

PA499: Other Patent Prosecution - DomesticLOC (2009)

Domestic prosecution work fitting no previous code.

When to use this code: Minimal expected usage.

Patterns reviewers commonly see: Catch-all concentration.

What invoice review checks: Cross-set hygiene metric.

PA500 International Patent Preparation

PA510: Provisional Application Preparation - InternationalLOC (2009)

Provisional applications filed outside the home country, including translations coordination.

When to use this code: Use for international provisionals.

Patterns reviewers commonly see: Duplicated preparation between lead counsel and foreign associates.

What invoice review checks: Combined lead-plus-associate cost per filing.

PA520: Non-Provisional Application Preparation - InternationalLOC (2009)

Utility applications filed outside the home country, including PCT internationals filed abroad.

When to use this code: Use for international utility filings.

Patterns reviewers commonly see: Per-country preparation cost where the priority document supplies the content.

What invoice review checks: Cost per country per filing, with the filing-route decision explicit.

PA530: Design Application Preparation - InternationalLOC (2009)

Design applications filed outside the home country.

When to use this code: Use for international design filings.

Patterns reviewers commonly see: Per-country cost on standardized design filings.

What invoice review checks: Unit cost per country.

PA540: Plant Patent Preparation - InternationalLOC (2009)

Plant patent applications filed outside the home country.

When to use this code: Use for international plant filings.

Patterns reviewers commonly see: Low volume; individual reads.

What invoice review checks: Narrative-level review.

PA550: Continuing Application Preparation - InternationalLOC (2009)

Continuing applications abroad, including cross-country PCT national phase entry.

When to use this code: Use for international continuations and national phase entries.

Patterns reviewers commonly see: National phase entries billed at drafting depth for what is largely formalities plus translation.

What invoice review checks: Cost per national phase entry per country, one of the most negotiable unit prices in IP.

PA560: Validation Patent Application Preparation - InternationalLOC (2009)

Validating issued regional patents outside the home country.

When to use this code: Use for international validations.

Patterns reviewers commonly see: Per-country validation cost above formality level.

What invoice review checks: Unit cost per validation per country.

PA599: Other Patent Application Preparation - InternationalLOC (2009)

International preparation work fitting no previous code.

When to use this code: Minimal expected usage.

Patterns reviewers commonly see: Catch-all concentration.

What invoice review checks: Cross-set hygiene metric.

PA600 International Patent Prosecution

PA610: Information Disclosure Statement - InternationalLOC (2009)

Post-filing prior art submissions outside the home country.

When to use this code: Use for international IDS work.

Patterns reviewers commonly see: Lead-counsel review layered on associate formalities.

What invoice review checks: Combined per-IDS cost.

PA620: Preliminary Amendment - InternationalLOC (2009)

Pre-examination amendments abroad.

When to use this code: Use for international preliminary amendments.

Patterns reviewers commonly see: The PA420 pattern with an associate layer.

What invoice review checks: Amendment frequency and the lead-local division.

PA630: Official Communication - InternationalLOC (2009)

Processing office actions abroad, including instructions to local counsel.

When to use this code: Use for international prosecution correspondence.

Patterns reviewers commonly see: Both lead and local counsel billing substantive response work on one communication.

What invoice review checks: Cost per response per country with fee and associate expense read together, the TR630 logic.

PA640: Quasi-Judicial Administrative Proceedings - InternationalLOC (2009)

Tribunal proceedings before foreign patent offices, including oppositions.

When to use this code: Use for international tribunal proceedings; EPO oppositions concentrate here.

Patterns reviewers commonly see: Opposition staffing intensity without phase budgets.

What invoice review checks: Cost per opposition against portfolio value at stake.

PA650: Post-Issuance Remedial Action - InternationalLOC (2009)

Post-issuance remedial actions outside the home country.

When to use this code: Use for international remedial work.

Patterns reviewers commonly see: Remedial frequency by country and firm.

What invoice review checks: Remedial rate as a quality metric.

PA699: Other Patent Prosecution - InternationalLOC (2009)

International prosecution work fitting no previous code.

When to use this code: Minimal expected usage.

Patterns reviewers commonly see: Catch-all concentration.

What invoice review checks: Cross-set hygiene metric.

PA700 Other Patent-Related Tasks

PA710: Opinion PreparationLOC (2009)

Formal opinions on validity, enforceability, infringement, or non-infringement of patent claims.

When to use this code: Use for formal opinions; investigations feeding them run under PA200.

Patterns reviewers commonly see: Formal opinion format where an assessment memo was requested.

What invoice review checks: Format at intake and cost per opinion.

PA720: Portfolio Analysis and ManagementLOC (2009)

Reviewing, analyzing, and managing the patent portfolio, including transactional due diligence.

When to use this code: Use for portfolio work.

Patterns reviewers commonly see: Reviews rebuilt each cycle rather than maintained.

What invoice review checks: Declining review cost on a maintained portfolio.

PA730: Assignments and Security InterestsLOC (2009)

Negotiating and preparing assignments and security interests, including file history review.

When to use this code: Use for assignment work.

Patterns reviewers commonly see: Recordation formalities at attorney rates.

What invoice review checks: Per-recordation unit cost, a fixed-fee candidate.

PA740: LicensingLOC (2009)

Negotiating and preparing patent licenses.

When to use this code: Use for license work.

Patterns reviewers commonly see: Standard-form licenses at bespoke depth.

What invoice review checks: Hours per license against deviation from standard terms.

How should legal departments use patent codes in invoice review?

Patent review can be more objective than most. For prosecution work coded to the 2023 series, entries can be checked against the patent office record, so the review question shifts from reasonableness to verification. For lifecycle work coded to the 2009 series, standard benchmarking applies: track opinions and portfolio work as shares of total patent spend across comparable matters.

Realizing the verification advantage depends on the eBilling platform capturing the 110-series codes cleanly and mapping them to filing data, which is where legal technology implementation matters: the payoff of a verifiable code set only lands when the system actually performs the verification.

How do Patent Codes support legal spend management?

Patent Codes only deliver value inside a program that enforces them. Our legal spend management and enterprise legal management hubs cover how coded invoices become spend control, and our guides to outside counsel spend benchmarks, outside counsel rate negotiation, and how legal eBilling works go deeper on the review programs, guidelines, and eBilling rules that put UTBMS coding to work.

Bottom Line

Patent is the one practice area with two live UTBMS standards and a mapping between them. The 2023 prosecution codes brought objective, record-verifiable coding to high-volume prosecution work; the 2009 codes remain the reference for the broader lifecycle. Both belong in a patent billing program, matched to the work each covers.

Use the 2023 codes for verifiable prosecution work and the 2009 codes for the wider patent lifecycle, and patent billing becomes measurable in a way no other practice area can match.

Frequently asked questions

Why are there two sets of patent codes?

The 2009 Patent Codes (PA series) cover the full patent lifecycle including opinions and portfolio work and remain in wide use. The 2023 IP Patent Prosecution Codes (110 series) were built specifically for prosecution, in a structure that can be verified against patent office records. The official 2023 standard maps between the two.

What makes the 2023 patent codes different?

They are the first UTBMS set designed for objective invoice verification. The standard lists the patent office documents and transaction records that validate each task code, so entries can be checked against the actual prosecution record rather than assessed only for reasonableness.

Which patent code set should a legal department use?

Both, matched to the work. Use the 2023 110-series for prosecution work where record-level verification is valuable, and the 2009 PA series for opinions, portfolio strategy, and post-grant work the prosecution codes do not cover. The mapping links equivalent codes across the two.

How should patent codes be used in invoice review?

For prosecution work, verify 2023-series entries against the patent office record. For lifecycle work, benchmark 2009-series categories as shares of total patent spend. Each code below lists the patterns reviewers commonly see and what invoice review checks.

How do UTBMS codes relate to outside counsel billing guidelines and legal spend management?

UTBMS codes are the shared vocabulary that outside counsel billing guidelines and a legal spend management program depend on. Guidelines define what each code should and should not contain, the eBilling system enforces those rules, and consistent coding is what makes spend analytics and cross-firm benchmarking possible. Without agreed codes, guidelines cannot be enforced and spend data cannot be compared.

About this reference

UTBMS code sets are standards published by their respective bodies, including the ABA, the LEDES Oversight Committee, UTBMS.com, the CBA, DRI, the Judiciaries of England and Wales, and the Yerra Global KM Expert Group. All copyrights and trademarks are the property of their respective owners; Swiftwater & Company is not affiliated with or endorsed by any of them.

Code identifiers follow the published standards, while all descriptions and annotations are original Swiftwater commentary, developed with human expertise, proprietary consulting knowledge, and AI assistance.

This is general reference material, not legal advice. Standards are revised over time, so confirm the current version with the originating body before implementing.

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