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 (updated 3/2026): (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(updated 3/2026): (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.
Location
Arlington, VA
Contact
Credits
CLE Minutes Pending
Registration
Learn the Basics of Trademark Practice at our comprehensive Boot Camp - now in it's 16th year!
The program is a two-day comprehensive CLE program designed for new practitioners and others interested in learning the basics of trademark practice. Day one includes instructional sessions on trademark clearance, pre-filing considerations, trademark prosecution, and international trademark filing strategies. Day two focuses on disputes, including trademark investigations, cease-and-desist campaigns, Trademark Trial and Appeal Board (TTAB) practice, and an introduction to trademark litigation.
Participants will participate in two hands-on workshops taught by experienced trademark practitioners: (1) ordering and analyzing search reports and preparing clearance opinions and (2) responding effectively to Office Actions. Representatives from the United States Patent and Trademark Office will serve as instructors for the Office Action response workshop, and the second day of the program will feature a panel of TTAB Judges and/or Interlocutory Attorneys.
Agenda - click here to view agenda
Registration Fees:
AIPLA Regular Member: $495
AIPLA Solo & Corporate Members: $395
AIPLA Junior & IP Paralegal Members: $295
AIPLA Government, Academic & Student Members: $99
Non-Members: $895
Speakers
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Arriola, Kimberly
Pirkey Barber | Associate
Kimberly Arriola focuses her area of practice on trademark law. Kimberly regularly advises clients on prosecution matters, including trademark selection, clearance, and prosecution of trademark applications in the United States and abroad. Kimberly also has experience assisting clients with domestic and international enforcement matters. -
Beres, Joel T.
Stites & Harbison, PLLC | Member
With more than 25 years of Intellectual Property experience, Joel actively tries cases in both state and federal courts. A founding member and former co-chair of the firm's Intellectual Property and Technology Service Group, he manages all aspects of infringement litigation for both federal and state courts, including trial and appellate practice. He has also prepared and prosecuted trademark and copyright applications, prosecuted and defended trademark opposition and cancellation proceedings, negotiated and prepared trademark and copyright assignment and license agreements, and negotiated and prepared software licensing and consulting agreements. -
Davis, Theodore
Kilpatrick Townsend & Stockton, LLP | Partner
Ted Davis is a partner in the Atlanta office of Kilpatrick Townsend & Stockton LLP, where he has practiced trademark, copyright, false advertising, and unfair competition law since 1990. He is a past member of the American Intellectual Property Law Association’s Board of Directors and currently serves as an editor of the A.I.P.L.A. Quarterly Law Journal. He also has served on the American Bar Association’s Board of Governors and the International Trademark Association’s Executive Committee. He frequently serves as an expert witness in trademark-related matters and is an adjunct professor at the Emory University School of Law. His articles on intellectual property subjects have appeared in such general-purpose journals as the Minnesota Law Review, the Ohio State Law Journal, the Wake Forest Law Review, the University of Illinois Law Review, the Washington & Lee Law Review, the Florida Law Review, and the Akron Law Review, as well as in specialized publications like the Trademark Reporter, the Vanderbilt Journal of Transnational Law, the Journal of Intellectual Property Law, and the Cardozo Arts & Entertainment Law Journal. -
Dayton, Katherine Lyon
Fross Zelnick | Associate
Katherine Lyon Dayton excels at developing effective strategies to secure and enforce clients’ intellectual property rights in difficult and multijurisdictional situations. She advises on international trademark clearance, registration, opposition, and cancellation actions, as well as other enforcement matters. -
Gelchinsky, Jonathan M.
Pierce Atwood, LLP | Partner
Jon Gelchinsky specializes in the protection and enforcement of trademark rights for businesses of all sizes. His diverse trademark practice includes counseling clients on the selection of new marks, clearance searching, U.S. and international registration, licensing, enforcement, oppositions, and litigation. He also assists clients with the protection, enforcement, and licensing of copyrights. Jon has represented a wide range of clients in a variety of industries, including consumer products, musical instruments, medical devices, pharmaceuticals, computer software and hardware, online media, telecommunications, publishing, education, motorcycles, sporting goods, and heavy machinery. -
Gilmore, Richard C.
Maschoff Brennan | Shareholder
Rick is a partner in the Salt Lake office of Maschoff Brennan Gilmore Israelsen & Mauriel. He is involved in all aspects of intellectual property law, with a focus on patent and trademark application preparation and prosecution domestically and internationally. He represents large and small clients from a diverse range of industries and often works directly with in-house counsel to develop and maintain their worldwide patent and trademark portfolios. Rick is a frequent speaker on patent and trademark matters and has taught many law school classes on patent and trademark issues. -
Hernandez, Michael
Pierce Atwood LLP | Attorney
Michael Hernandez is an attorney in the IP & Technology Practice Group at Pierce Atwood LLP, a leading full-service law firm in New England. For the last 10 years, Mike has been providing skilled legal counsel to business and product owners on the usage, protection, and enforcement of trademark assets. Mike helps manage trademark portfolios consisting of registered and unregistered domestic and foreign trademarks for companies of all sizes in the technology, software, sporting goods, clothing, footwear, food, beer, marijuana, dairy, and consumer products industries. -
Kliebenstein, Heather
Merchant & Gould | Managing Partner
Heather Kliebenstein is the Managing Partner of Merchant & Gould, known for her trademark, copyright and false advertising litigation and Trademark Trial and Appeal Board work. This work includes strategy development, discovery, depositions, expert selection and strategy, summary judgment motions, pre-trial submissions, and first chair trial experience. Heather has handled hundreds of TTAB cases and taken dozens of those matters through the trial process, oral argument and final decision. -
McGowan, Shelby
Kelly IP, LLP | Associate
Shelby is an associate at Kelly IP, LLP where she represents trademark, copyright, and domain owners at all phases of the intellectual property lifecycle, with a focus on trademark disputes and litigation in federal courts and at the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board. She also crafts common-sense prosecution and enforcement strategies to secure strong and practical intellectual property protection. In addition to her practice at KIP, Shelby volunteers with the D.C. Bar’s Small Business Pro Bono Clinic and is a member of AIPLA, INTA, and an LCLD Pathfinder alumnus. Shelby earned her J.D. with honors from American University Washington College of Law, where she served on the American University Law Review and was Co-President of WCL’s Evening Law Student Association. -
Olson, Shana
Sterne Kessler Goldstein & Fox PLLC | Counsel
Shana L. Olson is counsel at Sterne Kessler Goldstein & Fox PLLC, where she focuses on trademark protection as part of a multidisciplinary brand strategy. She advises clients on U.S. and international trademark clearance, prosecution, enforcement, and portfolio management, with significant experience in inter partes proceedings before the Trademark Trial and Appeal Board. -
Robinson, Danae
Pirkey Barber PLLC | Associate
Danae Robinson focuses her practice on trademark and copyright law. Danae regularly advises clients on contested proceedings, global trademark clearance, licensing, and the management and protection of domestic and international trademark portfolios. She assists clients with various enforcement and domain issues, including the protection of their marks through UDRP proceedings. -
Stottele, Mary
Fross Zelnick Lehrman & Zissu P.C. | Senior Associate
Mary Stottele is a senior associate at Fross Zelnick Lehrman & Zissu P.C. where she advises clients in intellectual property matters relating to brand and design protection. Her practice focuses on availability, acquisition, defense, and enforcement of both trademark and design patent rights. Mary manages trademark and design patent portfolios for clients ranging from startups and emerging companies to large multinational companies across diverse industries including beauty, fashion, luxury brands, technology, consumer products, food and beverage, and pharmaceuticals. -
Smith-Carra, Heather
Banner Witcoff | Attorney
As an advocate for brand protection, Heather works with clients around the world to manage, protect, and enforce their trademark, copyright, and trade dress rights. -
Stefanou, Constance
Morgan Lewis | Associate
Constance Stefanou focuses her practice on protection and enforcement of matters related to trademark, false advertising, unfair competition, copyright, anticounterfeiting, and customs in the United States and globally. Connie advises Fortune 100 companies and emerging businesses across different industries on all aspects of intellectual property (IP) portfolio management at a global level, including issues involving trademark selection, clearance, registration, maintenance, and enforcement. Connie assists clients in protecting their valuable brands through administrative proceedings before the Trademark Trial and Appeal Board and in defending such actions brought by third parties. -
Taylor, Clint
Kelly IP, LLP | Partner
Clint focuses his practice on trademark and copyright counseling, prosecution, enforcement, and litigation. He has spent his career helping clients of all sizes navigate the trademark registration process and successfully enforcing those rights. He provides practical advice to clients to assist them in selecting and enforcing their trademarks consistent with their goals.
