September 2022
United States Patent and Trademark Office (USPTO)
More than 100 patent practitioners have participated in the first two years of the U.S. Patent and Trademark Office’s (USPTO) Legal Experience and Advancement Program (LEAP). The program provides junior attorneys an opportunity to present oral arguments to the Patent Trial and Appeal Board (PTAB) in actual cases—both ex parte appeals and AIA trial proceedings—and take advantage of training opportunities such as mock arguments. Additionally, many attorneys from law firms and corporations have sponsored the participation of LEAP-eligible practitioners. The USPTO interviewed Finnegan managing partner Erika Harmon Arner for her experience serving as a LEAP sponsor.
Erika said, “I have always believed in giving opportunities to our junior attorneys as soon as they are ready, which is often much earlier than conventional wisdom would allow. LEAP provides concrete tools to make early argument opportunities work for the LEAP practitioner, lead counsel, and clients. It not only gives junior attorneys the opportunity, it is structured to set them up for success, giving our clients terrific advocacy in their cases while helping to raise the next generation of PTAB lead counsel.”
When asked how LEAP has helped Finnegan associates the most, she said, “The program has helped our associates in many ways, including high-quality training, first-hand interactions with APJs, and opportunities to network with their peers at an early stage in the PTAB practice. But by far the most helpful aspect of the program is the opportunity to argue client cases before the Board at an early stage of their career. ‘Stand-up experience’ is a key part of an associate’s progression from working attorney to lead counsel, and the LEAP provides the tools to make that a reality earlier.”
Erika also touted LEAP for its impact on racially and ethnically diverse practitioners and women. She said, “In these groups, the pipeline has historically gotten leaky earlier, so it is great to get these practitioners significant opportunities early in their career progression.”
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