Recent Articles and Publications

The Patent Trial and Appeal Board: Advocacy and Practice (2013) (book).

Current Developments at the PTAB – The USPTO Patent Trial and Appeal Board (2012–date).

“Patent Appeals at the USPTO: Appellate Advocacy and Practice (2012)” (book).

“Appellate Advocacy and Practice before the USPTO Board of Patent Appeals and Interferences: How to draft a persuasive and compliant appeal brief under the new ex parte rules,” American Intellectual Property Law Assoc. (online program), Jan. 18, 2012.

“Appellate Advocacy and Practice before the USPTO Board of Patent Appeals and Interferences: How to draft a persuasive and compliant appeal brief,” N.J. Intellectual Property Law Assoc. Electronics, Telecom, and Software Patent Practice Update (2011). An earlier version of this paper was presented at the American Intellectual Property Law Assoc. 2011 Annual Meeting.

“What you have to prove at the PTO: Burdens of proof during patent examination and standards of review during appeal to the BPAI and the courts,” ABA Section of Intellectual Property Law 26th Annual Intellectual Property Law Conference (2011).

“The PTO Board of Patent Appeals and Interferences: Appellate Advocacy and Practice (2010)” (book).

“Current Developments at the BPAI – The The PTO Board of Patent Appeals and Interferences Board” (2010–12).

“Foreign Filing Licenses, Secrecy Orders, and Export Controls: USPTO Procedures and the International Traffic in Arms Regulations (ITARs),” American Intellectual Property Law Assoc. 2009 Annual Meeting.

“Current Developments in Patentable Subject Matter under 35 U.S.C. ยง 101 – in the Courts and at the PTO” (2009–12).

In re Bilski: The Federal Circuit Selects a Machine-or-Transformation Test for Determining Patent Subject-Matter Eligibility,” ABA Section of Intellectual Property Law 24th Annual Intellectual Property Law Conference (2009).

“Federal Circuit Selects a Machine-or-Transformation Test for Determining Patent Subject-Matter Eligibility,” in ABA Section of Intellectual Property Law, Annual Review of Intellectual Property Law Developments 2006–2008, 66–73 (2009).

Summary Outline of Post-Bilski Opinions on Subject-Matter Eligibility (2009).

“Claim Construction at the PTO – The ‘Broadest Reasonable Interpretation...,’” 88 J. Pat. & Trademark Off. Soc. 279–96 (March 2006).

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A listing of Mr. Miller's educational programs, presentations, and speaking engagements may be found on the Biographical Information page.