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PTAB Ex Parte Appeal Rules and Tips for Appeals; MPEP Chapter 1200


Product Code - LGN126
Speaker(s): Stuart S. Levy, Sughrue Mion PLLC
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This program provides a detailed description of the procedures and rules for Ex parte appeals before the Patent and Trial Appeal Board (PTAB). The materials also provide tips for preparing briefs and arguing Ex parte appeals before the board. Fee changes effective March 19, 2013 are not part of the materials because this is something that the attorney’s assistant will generally ascertain.

Educational Objectives:

• Understand the requirements for Ex parte Appeals.
• Gain insights on how successful briefs should be structured.
• Learn how to address questions from the bench and the importance of not rushing through a question from the bench to get back to your presentation.
• Find out how to deal with situations where you are “surprised” by a question from the bench.

Who would benefit most from attending the program?

Patent prosecution practitioners; any attorney advising clients where intellectual property is an issue.

Program Level: Intermediate

Credit Available: CLE. For more information, please click on the “CLE Credit” tab.

Stuart S. Levy, Sughrue Mion PLLC

Stuart S. Levy, Sughrue Mion PLLC
Stuart S. Levy is a retired Administrative Patent Judge with the U.S. Patent and Trademark Office (USPTO) Board of Patent Appeals and Interferences and is now Of Counsel to Sughrue. He brings more than 40 years of experience in Ex parte proceedings relative to his tenure with the USPTO. Mr. Levy’s practice is directed to patent prosecution of high value applications, training, appeals and serving as an expert witness. He is the firm resource on matters involving USPTO practice and procedure.

Mr. Levy’s career at the USPTO included 18 years as a supervisory patent examiner and more than 7 years as an administrative patent judge. While a supervisory patent examiner, he was involved in a number of high profile projects for the PTO, including serving as Chair of the MPEP Revision Committee, where he and approximately 80 members of his committee extensively revised the MPEP over a five-year period. Mr. Levy also served as project leader for the creation of the Patent Assistance Center, for which he and his team were awarded, by the National Performance Review, Vice President Gore’s Hammer Award for helping to create a government that works better and costs less. Mr. Levy also taught and wrote materials for the USPTO Patent Academy and has served as Vice President of the Supervisory Patent Examiners and Classifiers Organization (SPECO).

Mr. Levy is an author of the Bloomberg BNA treatise Electronic and Software Patents: Law and Practice, Third Edition, with 2012 Supplement, in which he co-authored the chapter entitled “Maximizing Success in Patent Prosecution.” He prepares the materials for and teaches weekly classes at Sughrue on various aspects of USPTO practice and procedure as well as the month-long Sughrue Summer Academy.

Mr. Levy can be reached by email at slevy@sughrue.com.

This program’s CLE-credit eligibility varies by state. Bloomberg BNA is an accredited provider in the states of New York, California, Pennsylvania, Texas and Virginia, and most other jurisdictions grant CLE credit on a per-program basis. At this time, Bloomberg BNA does not apply directly to the states of Florida, Rhode Island, Montana and Hawaii although credit is usually available for attorneys who wish to apply individually. Additionally, the following states currently do not grant credit for Bloomberg BNA OnDemand programming: Arkansas, Ohio, Nebraska, and Delaware. All requests are subject to approval once the live webinar has taken place or the customer has viewed the OnDemand version. Please contact the Bloomberg BNA accreditations desk if you have specific questions that have not been addressed.

If you have further questions regarding a specific state or how to file for CLE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditation Coordinator.

Hardship Policy
Bloomberg BNA offers a hardship policy for attorneys earning less than $50,000 per year. If an attorney wishes to take advantage of this option, he or she must contact Bloomberg BNA directly. For attorneys who are unemployed or earning less than $35,000 per year, a full discount off the price of the program will be awarded upon written proof of hardship. Attorneys earning between $35,000 and $50,000 per year will receive a 50% discount off the price of the program. Any attorney working in the public service sector also qualifies for a special price. If you have further questions regarding the hardship policy or seek additional information, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditations Coordinator, or email us at accreditations@bna.com.

Questions
For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at http://www.abanet.org/cle/mandatory.html.