{"id":3718,"date":"2017-08-07T20:26:58","date_gmt":"2017-08-07T20:26:58","guid":{"rendered":"https:\/\/dolcera.com\/?p=3718"},"modified":"2017-08-07T20:33:51","modified_gmt":"2017-08-07T20:33:51","slug":"what-do-you-first-year-of-law-school-and-inter-partes-review-have-in-common","status":"publish","type":"post","link":"https:\/\/www.dolcera.com\/web\/what-do-you-first-year-of-law-school-and-inter-partes-review-have-in-common\/","title":{"rendered":"What do your first year of law school and inter partes review have in common?"},"content":{"rendered":"

By: Veronica Canton
\n<\/strong>Microsoft\/HNBA IPLI Scholar & AAUW Fellow<\/strong><\/p>\n

I want you to think back to your life as a law school student.\u00a0 Don\u2019t cringe.\u00a0 For some of you, it was a painful experience.\u00a0 For others, it was a time of intellectual challenge and growth.\u00a0 Do you remember asking other classmates for specifics about a professor \u2013 their teaching style, their final exams?\u00a0 Do you remember asking around for a class outline? \u00a0Or did you make your own? \u00a0Did you go to your professor\u2019s office hours?<\/p>\n

My first six weeks of law school were painful.\u00a0 No, they were very painful.\u00a0 I had previously worked in litigation as a practice assistant.\u00a0 I thought to myself \u201cI\u2019ve done trial work; I can handle all of this.\u201d\u00a0 Well, the first year of law school put me through the grinder.\u00a0 One morning during those six weeks I was up at four a.m. working on a legal writing assignment.\u00a0 I had slept less than four hours.\u00a0 I was tired, over-caffeinated, cranky, and frustrated.\u00a0 At that time I remember thinking \u201cI had a good life before law school.\u00a0 What am I doing to myself?\u201d<\/p>\n

I sent a flurry of emails to several people between four and five a.m.\u00a0 I asked for help.\u00a0 I asked many questions about the type of assignment I was working on.\u00a0 I asked many questions about my professor.\u00a0 Before the end of the day, I had a couple of meetings with people who gave me detailed guidance regarding my assignment and my professor.\u00a0 I got the information I needed to help me get through this assignment, to get through this class, and to get through the first year of law school.<\/p>\n

Now let\u2019s come back to you.\u00a0 Now that you\u2019re a practicing attorney, how often do you think back to your school days and remember what helped you get through your tough moments?\u00a0 Let\u2019s say you are working on an inter partes<\/em> review.\u00a0 An inter partes<\/em> review is a trial proceeding conducted at the Board to review the patentability of one or more claims of a patent only on a ground that could be raised under \u00a7\u00a7 102 or 103, and only on the basis of prior art consisting of patents or printed publications.\u00a0 What type of research do you do when you are working on an inter partes<\/em> review proceeding?\u00a0 Do you find out how long the process will take?\u00a0 Do you research your assigned examiner? Do you find out their percentage of approved and rejected IPRs by this examiner? Do you research whether scheduling an interview with your examiner will help or hinder your application?\u00a0 Or do you wing it?<\/p>\n

 <\/p>\n

\"Dolcera<\/a>\u00a0\"Dolcera<\/a><\/p>\n

Looking at the statistics of inter partes reviews from May 2015 to June 2017, more claims were held unpatentable than not.\u00a0 What if the attorneys working on these IPRs could have preempted the negative outcome by having more information on the patent examiner?<\/p>\n

Whether you are going through an IPR or filing a patent, the above information could help your position by having a better idea of what an examiner needs to give you, your client, or your company a favorable outcome.\u00a0 Whether you work at a firm or in-house, these are points you should keep in mind.\u00a0 Access to this type of information has an up-front cost, but in the long run, it is an investment. The benefits of additional information could make a difference between an A and a C for a law student, or between a patentable or unpatentable claim.<\/p>\n","protected":false},"excerpt":{"rendered":"

By: Veronica Canton Microsoft\/HNBA IPLI Scholar & AAUW Fellow I want you to think back to your life as a law school student.\u00a0 Don\u2019t cringe.\u00a0 For some of you, it was a painful experience.\u00a0 For others, it was a time of intellectual challenge and growth.\u00a0 Do you remember asking other classmates for specifics about a […]<\/p>\n","protected":false},"author":12,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[43],"tags":[],"_links":{"self":[{"href":"https:\/\/www.dolcera.com\/web\/wp-json\/wp\/v2\/posts\/3718"}],"collection":[{"href":"https:\/\/www.dolcera.com\/web\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.dolcera.com\/web\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.dolcera.com\/web\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/www.dolcera.com\/web\/wp-json\/wp\/v2\/comments?post=3718"}],"version-history":[{"count":6,"href":"https:\/\/www.dolcera.com\/web\/wp-json\/wp\/v2\/posts\/3718\/revisions"}],"predecessor-version":[{"id":3733,"href":"https:\/\/www.dolcera.com\/web\/wp-json\/wp\/v2\/posts\/3718\/revisions\/3733"}],"wp:attachment":[{"href":"https:\/\/www.dolcera.com\/web\/wp-json\/wp\/v2\/media?parent=3718"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.dolcera.com\/web\/wp-json\/wp\/v2\/categories?post=3718"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.dolcera.com\/web\/wp-json\/wp\/v2\/tags?post=3718"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}