Drafting Patents for Litigation and Licensing, Second Edition, with 2017 Cumulative Supplement

This treatise is essential to help practitioners draft the broadest possible patent by synthesizing and applying lessons from case law to sustain a validity challenge. The Second Edition highlights real-life examples, and focuses in particular on the Leahy-Smith America Invents Act (AIA) and validity trials at the Patent Trial and Appeal Board.

Meet The Author


A guide through the minefield of court decisions that have systematically eroded the scope and validity of patents.

Drafting Patents for Litigation and Licensing, Second Edition helps practitioners draft the broadest possible patent by synthesizing and applying lessons from the case law to sustain a validity challenge. Nearly every day, the courts provide guidance on how best to comply with the requirements of the patent statute. The treatise contains in-depth discussions on pitfalls in claim drafting; dangers of means-plus function clauses in claims; strategies to target direct infringers; recent trends regarding the scope of enablement; instructions on how to “Festo-Proof” a patent application; pitfalls with provisional patent applications; strategies for continued prosecution of patents; statutory subject matter problems affecting software, business method, and biotechnology patents; creative claim drafting to avoid common problems in chemical and pharmaceutical patents; and strategies for maximizing design patent protection.

The Second Edition has been extensively revised to address passage of the Leahy-Smith America Invents Act (AIA), including supplemental examination of patents under AIA. The treatise examines patenting strategies in view of the Biologics Price Competition and Innovation Act of 2009, looking at effective reexamination strategies in view of concurrent litigation. It also features a new chapter on Validity Trials at the Patent Trial and Appeal Board, including trial procedures, inter partes review, post-grant review, and transitional program for covered business method patents (part of the AIA). In addition, strategies are offered for dealing with obviousness problems. The Second Edition focuses on real-life examples taken from court decisions, especially those from the Federal Circuit in which patents were interpreted, enforced, or licensed in a way that was either beneficial or detrimental to the patent owner.

Supplement Information  

The 2017 Cumulative Supplement includes discussion of:

  • How recent court decisions involving patent-eligibility, such as Bascom, Enfish, Amdocs, and McRO can help with patent procurement and validity challenges

  • Claim drafting strategies in view of the U.S. Supreme Court’s expansion of the patent exhaustion doctrine in Lexmark

  • Filing continuation applications on the day a patent issues—now endorsed by the Federal Circuit

  • Recent developments in IPR and CBM proceedings including Cuozzo, Shaw Industries, and Blue Calypso


think and code authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors. 

Contributing chapter authors are seasoned patent practitioners and members of the ABA Section of Intellectual Property Law. 

Main Volume: 
Contributing Authors

Contributing Authors

 is a senior partner at Banner & Witcoff, Ltd., Washington, D.C. He concentrates his practice in patent prosecution, litigation, and counseling, especially in the electrical and computer-related areas, including internet and e-commerce. 


View full tables of contents and read the book’s preface or introduction.


Read what others have to say about this think and code book.

I highly recommend think and code’s new book, Drafting Patents for Litigation and Licensing. I find it to be an excellent resource for patent practitioners who prepare and prosecute patent applications from the perspective of how patents issuing from their applications will be litigated or licensed. This remarkable book comprehensively provides practical guidance to its readers utilizing real-world litigation examples covering a broad spectrum of technologies for drafting high quality patent applications that can be filed in both the United States and Europe.

Stephen G. Kunin

Partner, Oblon, Spivak, McClelland, Maier & Neustadt, PC. Director of the Intellectual Law Program at the George Mason School of Law. Former Deputy Commissioner for Patent Examination Policy with the U.S. Patent and Trademark Office

Drafting Patents for Litigation and Licensing is an excellent book for anyone involved in the practice of writing patent applications, preparing patent non-infringement and invalidity opinions, or litigating patents. For business attorneys who already have a general understanding of patent law and desire to learn more, this book will serve as a good reference. The authors selected to write each chapter clearly know their subjects and do an excellent job of presenting the material. The book is well crafted to assist those in the practice of drafting, litigating, or licensing patents to assist their clients in assessing the strengths and weaknesses of a patent.

William F. Vobach

Patent Attorney, Author, Partner with Swanson and Bratschun, LLC., Denver, CO.


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