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.

  • World IP Day 2024

    May 1, 2024 4:00 PM to 7:00 PM

    Join AIPLA and partner organizations on May 1 in Washington, DC, for a special three-hour program to celebrate World Intellectual Property Day 2024. This annual international event is an opportunity to learn about the role that intellectual property (IP) rights play in encouraging innovation and creativity. The theme of this year’s celebration is “IP and the SDGs: Building Our Common Future With Innovation and Creativity.”
  • 17th Annual Design Day

    May 9, 2024 10:00 AM to 5:00 PM

    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.
  • 2024 Advanced Chemical Patent Practice Institute

    May 14 to 15, 2024

    This advanced course is designed for patent attorneys and patent agents actively practicing in the chemical and related arts and will be presented from both prosecution and litigation perspectives and equips practitioners to prepare and prosecute patent applications, withstand challenges from PTAB and district courts, including such hot button issues as advanced claim drafting, claim construction, written description, enablement, and legislative proposals. Attendees will be armed with strategies and best practices to maximize the scope of patent protection while minimizing challenges to the validity and enforceability of the patents. The program also offers information that will assist in client counseling and making strategic portfolio and business decisions.