Kip Werking

Kip Werking

Kip Werking is a registered patent attorney with ALG Intellectual Property, LLC who has a wealth of patent-prosecution experience in the electrical and computer-engineering arts. Throughout his career, Mr. Werking has participated in all aspects of U.S. patent prosecution, including hundreds of in-person examiner interviews at the U.S. Patent & Trademark Office, appeals, and personal appearances before the Board of Patent Appeals and Interferences.

Prior to joining ALG, Mr. Werking practiced as a patent attorney with a nationally recognized law firm in Alexandria, Virginia. Mr. Werking also clerked for the International Trade Commission in Washington, D.C.

Professional Activities
Registered Patent Attorney, U.S. Patent & Trademark Office
Member, Virginia State Bar (Inactive Status)

William & Mary School of Law, J.D.
Graduate Fellow
The University of Texas at Austin, B.S
Electrical Engineering
National Merit Scholar
Engineering Scholar

Posts by Kip Werking

Alice’s Tourniquet: A Solution to the Crisis in Patentable Subject Matter Law

The Supreme Court’s own precedents provide overwhelming authority for interpreting § 101 broadly and, conversely, interpreting its judicial exceptions to § 101 narrowly. These precedents provide ample support for the …
By Kip Werking
5 years ago 38

Bias in Both Directions: Patent Reform Should Protect Both Accused Infringers and Inventors

What’s stunning about this list is that almost nobody talks about reforming patent law to correct these biases! In general, the only biases that are socially …
By Kip Werking
5 years ago 8

Ex Parte Yudoovsky: Petitions Are (Sometimes?) Unnecessary to Traverse Unauthorized New Grounds of Rejection on Appeal

The Board of Patent Appeals and Interferences did something fascinating in Ex Parte Yudoovsky. The Board sua sponte declined to consider an unauthorized new ground of rejection—…
By Kip Werking
8 years ago 2

The Ghost of Lemelson: PTA Consequences of Exelixis v. Kappos

On November 1, 2012, a federal district court (EDVA) issued an order that may have profound consequences for calculations of patent term adjustment (“PTA”). The district court believed that …
By Kip Werking
8 years ago 7

Against the Broadest Reasonable Interpretation of Patent Claims

Even if the BRI rule made sense in 1932—and it is not clear to me that it ever made sense—the rule no longer makes sense. Dramatic …
By Kip Werking
8 years ago 21

The Illogic of the Algorithm Requirement for Software Patent Claims

Recently, patent scholar Mark Lemley has renewed attention to software claims under 35 U.S.C. 112, sixth paragraph. Lemley encourages strict application of the algorithm requirement to police …
By Kip Werking
8 years ago 3

75% – The Real Rate of Patent Applicant Success on Appeal

The biggest myth about patent appeals is that that the examiner usually wins. The Patent Trial and Appeal Board (“Board”) posts that it reverses examiners only one …
By Kip Werking
8 years ago 12