FY 2021 vILT Courses
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
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.
FY 2019 vILT Courses
Combined 102/103 workshop training
Hypothetical examples will be used to reinforce good practices for identifying and making proper anticipation and obviousness rejections. View material made public on 12/4/2018.
Legal analysis and writing workshop
Hypothetical examples will be used to help you understand how to read and evaluate arguments based on case law citations. Training material for this vILT course made public in April 2017 and can be found on the Examination Guidance and Training Materials webpage. This workshop is limited to those who have passed the Patent Bar for the purpose of representing applicants before the USPTO.
Note: Prerequisite reading is required to effectively participate in this workshop.
2019 revised patent subject matter eligibility guidance: advanced module
Advanced training module on the 2019 revised patent subject matter eligibility guidance introduces new guidance that revises the procedures for how examiners analyze claims under 35 U.S.C. 101. Training material for this vILT course made public in March 2019 and can be found on the Training Materials on subject matter eligibility webpage.
Examining computer-implemented functional claim limitations for compliance with 35 U.S.C. § 112
The new Section 112 initiative assists in the examination of claims that contain functional language, particularly where functional language is used to claim computer-implemented inventions. Training material for this vILT course made public in March 2019 and can be found on the Examination Guidance and Training Materials webpage.
This course reinforces the concept of properly treating preambles, wherein/whereby/thereby/functional limitations, and computer implemented 35 USC 112(f) limitations under the broadest reasonable interpretation standard. Training material for this vILT course made public in March 2019 and can be found on the Examination Guidance and Training Materials webpage.
This course covers the following topics:
- When restriction is proper
- Restriction and double patenting
- Breadth vs. patentable distinction
- Determining distinctness between related inventions
- Election of species
- Linking claims
- Formulating a restriction requirement and responding to applicant's election
- Rejoinder and withdrawal of a restriction requirement
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.