Model Patent Prosecution Templates

AIPLA's Patent Law Committee maintains a collection of sample documents related to day-to-day patent prosecution.  These documents are exemplary and may not be ideal for every situation. Use them at your own risk.*

Member log-in required to access files.  

Model Response Shells:

Each of these documents contains a comprehensive shell document that can be used to formulate a response to 35 U.S.C. 112, 102, 103, or 101 rejections made by a patent examiner during prosecution.
  • 112 Response Shell (Doc) (PDF)

Model Appeal Brief: (Doc)  (PDF)

This document contains the overall structure of appeal brief with a section for drafting responses to point out error in rejections made in 35 U.S.C. 112, 102, 103, 101, and obviousness-type double patenting rejections.  The model appeal brief includes summaries of the relevant portions of the PTAB’s designated informative and precedential decisions applicable to ex parte appeals along with associated Federal Circuit case law.

Model Reply Brief: (Doc)  (PDF)

This document contains the overall structure of a reply brief along with relevant case law summaries to use for handling new grounds of rejection in an Examiner’s Answer. 


*Nothing included in these sample documents or elsewhere on this site should be considered legal advise on the part of AIPLA or any of its members.

  • AIPLA CLE Webinar: The Fine Line Between Battling Online Infringers & Engaging in IP Trolling

    May 29, 2024 12:30 PM to 2:00 PM   |   Up to 90 CLE Minutes

    In their never-ending battle against Chinese and other international online infringers, some rightsowners have adopted an aggressive enforcement scheme that relies on sealed filings and ex parte TROs. Due to the fact that proceedings occur partially out of public purview, this enforcement scheme has been underdiscussed and has not received much critical scrutiny. This program will explain how the scheme works, document its prevalence, and show why it's likely an illegitimate enforcement practice.
  • AIPLA CLE Webinar: USPTO AI Guidelines

    June 20, 2024 12:30 PM to 2:00 PM   |   Up to 90 CLE Minutes

    Join us as our speakers discuss the recently issued USPTO examination guidance regarding patentability for artificial intelligence (AI)-assisted inventions. The guidance states that AI-assisted inventions are not “category unpatentable.” Instead, when a natural person provides a “significant contribution” to an invention, such an invention can be patentable even if an AI system contributed to the invention. While the guidance does not constitute law, it is grounded in law, i.e., the Federal Circuit’s so-called Pannu factors, which serve as a test for ensuring that a natural person contributed, at least in part, to the conception of the invention as required in the Federal Circuit’s Thaler decision on AI inventorship. The guidance also provides several useful guidelines and examples to help patent practitioners determine what constitutes a “significant contribution” for purposes of establishing natural person inventorship and, thus, patentability for AI-assisted inventions.
  • 2024 Trademark Boot Camp (TMBC)

    June 24 to 27, 2024

    The Fourteenth Annual Trademark Boot Camp is a comprehensive online CLE program designed for new practitioners and others interested in learning the basics of trademark practice. Topics include; trademark clearance, pre-filing considerations, trademark prosecution, international trademark filing strategies, disputes, including trademark investigations, cease-and-desist campaigns, Trademark Trial and Appeal Board (TTAB) practice, and an introduction to trademark litigation.