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.*
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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.
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.
Join us for an in-person or virtual day of lively and thought-provoking discussion about various aspects of design patents, hosted at the United States Patent and Trademark Office (USPTO). Get insights from USPTO design managers, design patent practitioners, and industrial designers. No CLE credit is offered for attendance.
Participate virtually or in-person on Thursday, May 4, 2023, from 10 am to 5 pm EDT. There will be a networking opportunity from 5 pm to 6 pm EDT, following the formal program.
The event features:
- Welcome and Kick-off from Director of Technology Center 2900, Karen Young;
- An update on international developments from the USPTO’s Office of Policy and International Affairs;
- Hear from Kathy Vidal, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office;
- Find out more about how design patent infringement trials work;
- Learn about different IP paths from Damian Porcani, Director, Midwest Regional USPTO Office;
Case law summarizing the most important design patent decisions over the past year from the United States Court of Appeals for the Federal Circuit, the district courts, and the Patent Trial and Appeal Board (PTAB); and more!
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