Released Inventions

Patent Prosecution and IP Counseling

Ardin Marschel - Patent Examiner

Hello Ardin,

Welcome to my website.

I am interested in becoming a patent examiner. I have wanted to work with biotechnology in some capacity with law, business, or public policy since I was a sophomore in college. I thought becoming a patent attorney would be a great fit. To become more familiar with the life sciences I decided to get a Masters degree. I have also been a patent agent for five years.

In law school, I focused on patent law and also took “Genetics and the Law” and “Biotechnology and the Law.” In law school, I took part in a competition where I became very knowledgeable about KSR, 103 obviousness, and joint inventorship.

I interned in a few patent boutiques and wrote some patents (medical device, medical treatment, and simple pharmaceuticals). Later, I developed a small practice on my own. I have prepared, drafted, and filed provisional, nonprovisional, and PCT patents through PAIR. I also have a few clients for whom I provide noninfringement opinions. This has given me the opportunity to study numerous prosecution histories and thoroughly study claim construction.

I understand that most examiners with a life science background have Ph.D.s, however, given my history and experience with patent law, I think that I will be able to come in and be an asset to the patent office. I know how to search the prior art, break down the claims, apply them to the prior art, and form an argument either rejecting them or allowing them. I am familiar with 102, 103 (including KSR), 112 requirements (including Ariad), and now I guess I need to be ready for 101 (including Bilski). I also have a firm grasp of what sets of claims would require a restriction.

I am also knowledgeable concerning a broad array of biological sciences. I was recently contracted with a firm that practices business law. They were drafting a license involving a biotech patent (a microarray with specific antigens and antibodies to be used for a special purpose). They asked me to analyze the patent to see for what types of commercial products they would have protection. I successfully construed the claims and aided them in understanding what IP they owned, and I even helped overcome some problems they had.

Additionally, I have a few publications and presentations that are posted on my Current Issues/Blog Tab on my website. I helped draft an amicus brief on the Bilski case. I prepared the second section that covered the effects the “machine or transformation test” would have on biotechnology. I also presented the “2010 Patent Law Updates” at the Georgia SringPosium® IP CLE Conference. (I have been invited to present again next year.) I presented on cases that covered written description (Ariad v. Lilly), gene patents (Myriad), design patent invalidity (Int'l Seaway Trading Corp. v. Walgreens, and inequitable conduct (Exergen Corp. v. Wal-Mart) just to name a few.

I am sincerely interested in a patent examiner position. I would be happy to speak with you or even come to D.C. to meet with you.

Regards,

Brett Bartel

 


CURRENT ISSUE / BLOG 

Tech Transfer Alert:
Supreme Court to hear
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Brett Bartel, Esq., M.S.
USPTO Reg. 58,494
brett@releasedinventions.com
Atlanta, Georgia
404.550.9719