The Patent Validity Analysis Training teaches a patent analyst how to perform a patent (in)validity analysis process.  The training tests and certifies a patent analyst on legal and practical issues that often arise while conducting research on an issued US patent, its file history, and the prior art.

The Patent Validity Analysis Training consists of three courses:

1. Priority Law

2. The Specification Chart

3. The Reference Chart

These three courses range in size from 17 to 20 topics. Each course includes a certification upon satisfactory completion of the assignments and a final examination. Students can go through each course at their own pace although many students decide to study in groups.

There are graded assignments with each lesson. Students who have satisfactorily completed and been certified on all three courses are eligible to take a comprehensive examination. The comprehensive examination certifies students on the entire Patent Validity Analysis Training.

Certifications are awarded for each course and for the comprehensive examination based upon levels of performance.

An issued certification does not entitle anyone to work directly with the non-lawyer public. These processes must be performed under the direction and control of a properly licensed lawyer in order to comply with laws that prohibit the unauthorized practice of law.

  • The Priority Law course teaches one of the most important and fundamental subjects in Patent Law.

    These concepts may appear simple on a first glance, but they are actually some of the most complex and misunderstood topics:

    1. How to properly set the multiple 35 U.S.C. 102 searches dates for a given target patent while considering proper support for each claim when there is a priority claim to earlier filed family members.

    2. How to determine whether or not an identified reference qualifies temporally as prior art under at least one of the sections of 35 U.S.C. 102 including considering, for patent references, whether or not invalidating language has support in the earlier filed family members when required.

    3. How to determine temporally whether the moment that a product or service was released tends to (a) prove infringement of a patent claim, (b) prove invalidity of a patent claim, or (c) prove a prior use defense for a particular defendant.

    There is almost nothing more aggravating to a Patent Lawyer than to realize that an analyst she assigned patent research has failed to properly set the dates. These and hundreds of other important ideas are explored in this course.

    This course teaches analysts how to properly set these dates under pre-AIA and AIA law. The course explores the legal basis of the issues that arise under statutory law, federal case law, federal regulations and the MPEP. The course also explores how these issues differ in Europe and other foreign jurisdictions.

    Students who satisfactorily complete the course including a final examination are awarded a certification based upon their level of performance. An issued certification does not entitle anyone to work directly with the non-lawyer public. A certified person must perform these processes under the direction and control of a properly licensed lawyer in order to avoid unauthorized practice of law.

    This course is a prerequisite for the following three courses.

  • The first step that lawyers often take when conducting a patent validity analysis is to prepare a specification map for the target patent. The lawyer uses the specification map to determine whether the target patent satisfies legal requirements such as written description, enablement, subject matter eligibility, claim definiteness, prosecution history estoppel, etc.

    The specification chart also helps the lawyer construe (determine) the legal meaning of the claims. The course walks the student step-by-step through the data fields of example specification charts and teaches how to complete each field. The course explores the legal basis of the issues that arise under statutory law, federal case law, federal regulations and the MPEP.

    The course teaches the law behind the specification chart process so students can better identify and present legal issues to the report requesting lawyer.

    The course includes issue checklists, example templates, example comments for spotted issues, the preparation process, practical and theoretical questions, graded assignments, a glossary of common terms, sample test questions, and a final examination.

    Students who satisfactorily complete the course are awarded a certification based upon their level of performance. An issued certification does not entitle anyone to work directly with the non-lawyer public. A certified person must perform these processes under the direction and control of a properly licensed lawyer in order to avoid unauthorized practice of law.

    The Priority Law Course is a prerequisite for this course.
  • The course explores the law of Anticipation and Obviousness which is used to determine whether or not a target patent is valid in view of the prior art.

    The course walks the student step-by-step through the data fields of example claim charts and teaches how to complete each field. The course explores the legal basis of the issues that arise under statutory law, federal case law, federal regulations and the MPEP. The course teaches the law behind reference charts so students can better identify and present legal issues to the report requesting lawyer.

    The course includes issue checklists, example templates, example comments for spotted issues, the preparation process, practical and theoretical questions, graded assignments, a glossary of common terms, sample test questions, and a final examination.

    Students who satisfactorily complete the course are awarded a certification based upon their level of performance. An issued certification does not entitle anyone to work directly with the non-lawyer public. A certified person must perform these processes under the direction and control of a properly licensed lawyer in order to avoid unauthorized practice of law.

    The Priority Law Course is a prerequisite for this course.

  • The Patent Infringement Analysis Training teaches a patent analyst how to perform infringement analysis.

    The training tests and certifies a patent analyst on legal and practical issues that arise while conducting research for evidence of patent infringement.

    The Patent Infringement Analysis Training consists of various topics such as Direct Infringement, Indirect Infringement, Evidence of Use Charts, and associated process documents.

    The course includes a certification upon satisfactory completion of the assignments and a final examination. Students can go through the course at their own pace although many students decide to study in groups.

    Certifications are awarded for each course and for the comprehensive examination based upon levels of performance.

    An issued certification does not entitle anyone to work directly with the non-lawyer public. These processes must be performed under the direction and control of a properly licensed lawyer in order to comply with laws that prohibit the unauthorized practice of law.

    The Priority Law Course is a prerequisite for this course.

  • We have other courses available on-demand or via just-in-time customization. They can be delivered online, in person, via youtube, or via live conference call or conference video.

    We have certification tests for various topics such as all of the above courses, the AIA, and patent prosecution theory and application. We would like to hear your questions and recommendations for new courses in this domain.

    If you are considering hiring engineers or paralegals to perform patent processes for your company or law firm, we recommend that you test them first to see if they know "The Top 100 Things Every US Patent Analyst Must Know." If they don't know these, you do not want to work with them!

    Daniel Bell of Bellcertified also has a growing curriculum of patent process courses targeted at continuing legal education for lawyers. These CLE courses teach legal process design while they teach you patent law, patent process, patent practice, and patent ethics. For more information about Daniel's patent law CLE courses, please visit patentlawyercle.com