Virtual Instructor Led Training

vILT delivers training to stakeholders on a variety of examination practice and procedure topics. The trainings are derived from the same guidance we provide our experienced patent examiners, and the online format allows participants to remotely attend without the need to travel to USPTO locations.

See the full course schedule below for topics, dates, places, times, intended audience, and CLE credit information.

All courses are free to attend, and CLE credit may be available in Virginia. Please review the available course schedule and descriptions below for additional information.

vILT is administered by the Office of Patent Training (OPT).

For more information:  

Contact vILT@uspto.gov by email or view our vILT flyer.

Please email vILT@uspto.gov to be notified about future vILT course offerings.

For additional information on a course listed please read the course description below. 

Note:  All courses, times, and dates are subject to change and may be cancelled at any time prior to registration opening.

FY 2022 virtual Instructor Led Training (vILT)
 

FY 2022 vILT Courses

35 U.S.C. § 103 – parts 1-3

This three-part series demonstrates how an entry level Examiner is trained to apply 35 U.S.C. § 103 when making obviousness determinations.  Each part builds on the previous part(s) and combined, provide a comprehensive course.

Part 1: 35 U.S.C. § 103 – Obviousness Rejection

Experts provide an overview of the statute, cover the Graham v. John Deere obviousness inquiries, provide guidelines when making an obviousness rejection and define what is meant by a “prima facie” case.

Part 2: 35 U.S.C. § 103 – Writing Rejections

Experts review different rationales identified in the Supreme Court decision in KSR v. Teleflex  and explain how to properly write a rejection under 35 U.S.C. § 103 using the Graham inquiries.

Part 3: 35 U.S.C. § 103 – Examining Evidence

Experts review case law examples from the Federal Circuit that apply the rationales from the Supreme Court decision in KSR v. Teleflex, resulting in either a conclusion of obviousness or nonobviousness. The “preponderance of the evidence” standard will be discussed, with emphasis on every case being decided on its own facts.  Examples are discussed on how an Examiner shall consider evidence when presented in response to an obviousness rejection.

FY 2021 vILT Courses

Petitions Practice

An overview of the Office of Petitions (OPET) and the impact of petitions on the examination process.  Attendees will learn basic information regarding OPET and the petition process, common types of petitions, recent updates to petitions practice and best practices.

After Final Practice

Review of examination practices and procedures for after final requests for reconsideration.  Detailed hypothetical examples will be used to provide a refresher on best practices for an examiner’s response to arguments and claim amendments after a final rejection.  Additional details about examiner implementation of the After Final Consideration Pilot 2.0 (AFCP 2.0) will also be discussed.
 

FY 2020 vILT Courses

Double Patenting

This course reviews the different types of double patenting rejections with AIA updates, when a restriction does or does not prohibit double patenting, the various types of arguments and evidence applicants can provide to overcome a double patenting rejection, and several detailed examples of when double patenting is proper or improper.

35 U.S.C. 103 – Obviousness rejections

Hypothetical examples will be used to provide a refresher on how to construct clear and complete 35 U.S.C. 103 obviousness rejections. 

Examination of ranges

This course covers the examination of ranges and identification of prior art relating to ranges.  Topics covered include how prior art should be applied to numerical ranges, anticipation and obviousness analysis as they apply to ranges, and optimization of ranges.

Unity of Invention

Advanced training on restriction practice using the unity of invention analysis for national stage applications submitted under 35 U.S.C. 371.  Topics covered include determining when the unity of invention restriction analysis is to be used to formulate a restriction, a priori and a posteriori unity of invention analyses, reasonableness considerations, election of species, and rejoinder practice.  Training materials related to this vILT course can be found on the Examination Guidance and Training Materials webpage.

Are there other examination practice and procedure topics you’d like to receive training in? Please complete the needs assessment survey and let us know.  

Operating procedures for interested vILT participants

Entry into the vILT program is granted based on available resources, availability, and appropriateness of the topics suggested. 

Weather-related emergencies and unexpected closings:

In the event of a weather-related emergency or other unexpected closing, vILT follows the operating status of the USPTO Headquarters in Alexandria, Virginia, as determined by the Office of Personnel Management. As a result, vILT training for a particular day may have a delayed start or be canceled due to inclement weather. The USPTO is not responsible for any costs you may incur due to cancellations or delays. Furthermore, no makeup sessions will be scheduled.

Office closures

vILT courses will be canceled if USPTO headquarters in Alexandria, Virginia, is closed. 

Office open with delayed arrival

Our normal operating hours are 8:30 a.m. to 5 p.m. ET. vILT courses will be canceled if the delay at USPTO Headquarters extends beyond the scheduled start time (e.g., if there is a 3-hour delay, a course scheduled to start at 11 a.m. ET will be canceled). Otherwise, vILT courses will run at the scheduled time. 

Early dismissal

vILT courses will be canceled if the early dismissal occurs during the scheduled course time (e.g., if there is a 3-hour early dismissal, a course running at 2 pm ET will be canceled).

All other operating statuses (e.g., open with option for unscheduled leave or unscheduled telework)

vILT courses will run as scheduled.

For information on the current operating status of the USPTO Headquarters in Alexandria, VA, visit the OPM current status web page or call 202-606-1900.

What would you like to see?

If the training currently provided through vILT does not currently meet your needs please fill out the short survey so that we can better help you in the future.   

Stakeholder Training on Examination Practice and Procedure
 

Are you or your client interested in in-person training that focuses on examination practice and procedure?  Stakeholder Training on Examination Practice and Procedure (STEPP) is designed to provide external stakeholders with a better understanding of how, and why, an examiner makes decisions while examining a patent application. The STEPP program provides unique day-in-the-life, experiences to those attending training. Two course formats are available: Agent/Attorney and Inventor 3-Day Courses.

To learn more, visit the Stakeholder Training on Examination Practice and Procedure (STEPP) page.
 

USPTO events offering CLE credits
 

The USPTO regularly organizes or participates in continuing legal education (CLE) credit offerings across the country. Offerings cover a variety of topics. To learn more, visit the USPTO CLE events page.
 

Examiner training and material 
 

Looking for additional information on examination practice and procedure?  Publicly available material used to train USPTO patent examiners is available on our Examiner Training Materials page and the Examination Guidance and Training Materials page.
 

Patent Examiner Technical Training Program
 

Are you or your client interested in providing technical training to patent examiners? The Patent Examiner Technical Training Program (PETTP) offers technologists, scientists, engineers, and other experts from industry and academia an opportunity to voluntarily provide technical training and expertise to patent examiners in-person or virtually from their own location. 

In-person presentations can be made at our Alexandria, Virginia, headquarters or at one of our USPTO regional offices in Detroit, Dallas, Denver, and San Jose. 

To learn more, visit the PETTP page.
 

Site Experience Education (SEE) Program

Are you or your client interested in hosting patent examiners at your office or facility? The Site Experience Education (SEE) program provides commercial, industrial, and academic institutions, within the continental U.S., the opportunity to voluntarily host patent examiner technical site visits. The USPTO funds all SEE travel costs for patent examiner visits to host organizations. 

To learn more, visit the  SEE program page.