Washington, D.C. intellectual property lawyer Matt Phillips explains why patent attorneys do not draft and prosecute patent applications the same way they did 10 years ago. He believes that patent attorneys today should not draft and prosecute patent applications the same way they did a decade ago. In his view, a fundamental paradigm shift has occurred in how accused infringers defend against patent infringement claims.

In the past, the prevailing strategy was to pursue a narrow claim construction and aim for a summary judgment of non-infringement. However, the America Invents Act (AIA) has changed that landscape entirely. Previously, best practices were developed to counter that narrow-construction strategy, but with the advent of AIA trials, prosecution practices now need to be designed specifically to address inter partes reviews (IPRs) and post-grant reviews (PGRs).

That is exactly the approach he and his firm take and advocate. While it may sound controversial—or even heretical—to those still rooted in the old way of thinking, he firmly believes this modern strategy is the best approach for today’s environment and has been for the past decade.