Intellectual Property Owners Association Webinar: Drafting Patents with an Eye to the PTAB

Join Fish and the Intellectual Property Owners Association for a one-hour webinar, Drafting Patents with an Eye to the PTAB.

Petitioner success in invalidating thousands of patent claims in the two-and-a-half years since the inauguration of the inter partes review means that every important patent needs to be drafted and prosecuted with an eye toward strengthening its chances at the PTAB. Because the patent owner's preliminary response to an IPR petition cannot present new evidence, the ideal time to prevent a challenger's IPR petition from being instituted is before the IPR is filed.

This webinar will give tips for patent claim and specification drafting that can go a long way to bullet-proofing a patent, as well as advice on savvy prosecution strategy using declarations, continuation applications, reexamination, and reissue. For instance, submitting arguments and declarations supporting 112 and 103 positions during patent prosecution will give the patent owner a powerful defense for use, if needed, in an IPR. Such declarations can be used to make the argument for non-obviousness, for instance, by supplying evidence of commercial success that otherwise would not be available at the PTAB.


  • Thomas Rozylowicz, Fish & Richardson
  • Courtenay Brinckerhoff , Foley & Lardner
  • Michelle Macartney, Intellectual Ventures