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.
  • 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.

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 9, 2024, from 10:00am - 5:00pm EDT.  There will be a networking opportunity from 5:00pm - 6:00pm EDT, following the formal program. 

The event will feature: updates from USPTO leadership and the Director of Technology Center 2900; targeted presentations on the new Design Practitioner Bar, the Supplemental GUI examination guidelines released in late 2023, and important design-related cases from district courts, the PTAB, and the Federal Circuit. The event will also include helpful presentations on changes and anticipated changes in global design law, as well as, tips and tricks for using the updated WIPO Design Database, the new Hague Application direct filing interface, and the USPTO Search Tool. Finally, we will hear an inspirational keynote from entrepreneur Joshua Thurmond, designer and inventor of the LavaBox, portable campfire.

 

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