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.

  • 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.
  • 2024 Spring Meeting - Austin, TX

    May 16 to 18, 2024

    Join us as we bring IP professionals together to learn and connect. More information coming soon! The 2024 Spring meeting will take place in downtown Austin, at the Hilton Austin. Leadership Meetings on Wednesday, May 15. Programming scheduled May 16-18.
  • 2024 Legal Secretaries & Administrators Conference

    May 21 to 22, 2024

    It can be hard to stay on top of the latest news, procedures, and tools. The Legal Secretaries and Administrators conference can assist. This conference is designed for paralegals, administrators, and other office specialists to hear directly from the United States Patent and Trademark Office (USPTO). This two-day virtual program provides a comprehensive overview of new features and services, best practices for streamlining procedures, and opportunities to ask questions and hear directly from the USPTO.