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Wen Xie

Partner

Global IP Counselors

Wen Xie is a U.S. Patent Attorney and Partner at Global IP Counselors. She is a prosecutor with a comprehensive understanding of the patent process in the United States, Europe, and across Asia, and experience overseeing the prosecution of applications around the world. Wen is familiar with actions and procedures from all the major national patent offices, including the US Patent and Trademark Office, the European Patent Office and the China National Intellectual Property Administration. Wen has written over a hundred original patent applications, and has extensive experience with appeals before the Patent Trial and Appeal Board. She represents clients across various technological sectors including the electro-mechanical, medical devices, and computer-operated control technologies.

Wen is highly sought after for her opinion on subject matter eligibility in the United States, particularly with respect to the patentability of software applications and computer-implemented technologies. She has published legal scholarship and speaks frequently on subject matter eligibility under the Alice and Mayo framework.

Highly involved in the innovation community around the world, Wen is a member of the Forbes Business Council and the WINGS WorldQuest Junior Council. Wen is also a leader in the Intellectual Property Owner’s Association, chairing the subcommittee in charge of the Diversity in Innovation Toolkit and working with leaders across the IP arena so that diverse inventors can be thoroughly recognized for their contribution to the innovative ecosphere.

Recent Articles by Wen Xie

IP Practice Vlogs: PTAs, PTEs and Terminal Disclaimer Practice under In re Cellect

The Federal Circuit basically confirmed in In re Cellect that terminal disclaimers can knock out patent term adjustment (PTA). If you have patent term extension (PTE) and you filed a terminal disclaimer to overcome an obviousness-type double patenting (ODP) rejection, you can get the PTE term tacked onto the disclaimed date. However, in the case of PTA, the court says that PTA term gets added to the life of the patent first and then the terminal disclaimer goes into effect so that you have disclaimed the PTA term and any extended term such that the two patents now expire on the same date regardless of the PTA. In effect, terminal disclaimers may knock out PTA term.

The USPTO and the USCO Must Resolve Their Disparate Approaches to AI Inventorship and Copyrightability

The President’s recent Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence instructs the U.S. Patent and Trademark Office (USPTO) Director and Copyright Registrar to collaboratively issue recommendations to the President on further actions for advancing AI innovation through intellectual property, particularly with respect to AI inventorship and AI authorship. But the two offices currently regard AI differently in terms of assessing the creative and conceiving capabilities of machines, which poses a potential contradiction in how intellectual property law treats AI.

Upcoming Events with Wen Xie

Past Events with Wen Xie

IPWatchdog LIVE 2023

September 17-19, 2023

Artificial Intelligence Masters™ 2023

Held on March 07-08, 2023

IPWatchdog LIVE 2022

September 11-13, 2022

IPWatchdog Virtual International IP Masters™ 2022

March 7, 2022 @ 8:30 am - March 10, 2022 @ 12:30 pm EST