Jan 25: Regulating Innovation: How the Patent and Trademark Office Intends to Create Adjudication from Scratch

Sponsored by: The Program on Information Justice and Intellectual Property and The Administrative Law Review

The passage of the Leahy-Smith America Invents Act -- the most sweeping change to our Nation's patent laws since the 1950s -- granted authority to the U.S. Patent and Trademark Office to create a new trial-like process, whereby anyone may challenge an issued patent. Thus, the Office is tasked with creating a new post-grant review process, formulating new rules of procedure, and issuing rulemaking or guidance in less than a year. This symposium explores the rulemaking that will be required at the agency level, the implementation of the new trial-like process, and industry reaction to the proposed changes. It will explore whether the review process will help, or hurt, certain industries, as well as the patent process in general.

Panel 1: Rulemaking, Guidance, and the One-Year Shot Clock: How the US Patent and Trademark Office Intends to Implement Post-Grant Review

WEBCAST (01:23:24)

  • Robert Clarke, Board of Patent Appeals and Inferences Judge and Former USPTO Chief of Staff
  • James Toupin, Former General Counsel, United States Patent and Trademark Office
  • F. Scott Kief, Professor, George Washington Law School
  • James Lampert, Partner, WilmerHale
  • Denis Crouch, Associate Professer, University of Missouri School of Law and Blogger, Patently-O.com (invited)

Moderator: Professor Jonas Anderson

Panel 2: Will New Post-Grant Review Processes Benefit the Pharmaceutical or Tech Industries, and How Will It Change the Practice of Patent Law

WEBCAST (01:14:17)


  • J. Stephen Rutt, Partner, Foley & Lardner LLP
  • Suzanne Michel, Senior Patent Counsel, Google, Inc.
  • David Cavanaugh, Partner and Vice Chair, Intellectual Property Department, Wilmer Cutler Pickering Hale and Dorr LLP
  • Kevin E. Noonan, Partner, McDonnel Boehnen Hulbert & Berghoff LLP and Blogger, PatentDocs.com

 Moderator: Professor Jorge Contreras