Stephen G. Kunin
Tel (703) 412-6011

Stephen G. Kunin


Stephen (Steve) G. Kunin serves on the firm’s Management as General Counsel and co-chairs the firm’s Post-Grant Patent practice group, representing clients in post-grant patent proceedings at the United States Patent and Trademark Office (USPTO).  He also serves as an expert witness and consultant on patent policy, practice and procedure.

With more than three decades of experience within the USPTO, Mr. Kunin was responsible for promulgating many of the rules with which his clients must now comply, making him a highly sought-after patent consultant and authority on the office’s inner workings.  Companies and law firms seek out his expertise when faced with complex patent policy matters, such as when requesting Congress to change patent laws or the USPTO to change patent rules.  He has testified as an expert witness by report, deposition or at trial on patent examination policy, practice and procedure in more than 80 cases.  

During his tenure at the USPTO, Mr. Kunin served in many executive positions, including - during his final 10 years - as Deputy Commissioner for Patent Examination Policy.  He actively participated in the establishment of patent policy, including changes in patent examination guidelines, revision of the rules of practice and procedure, establishment of examining priorities, classification of technological arts, and, in particular, the reexamination and reissue rules and procedures. Additionally, he oversaw the revisions to Manual of Patent Examining Procedure, including the chapters covering reissue, ex parte reexamination, and optional inter partes reexamination.

Mr. Kunin is knowledgeable in all aspects of USPTO post-issuance proceedings, including both ex parte and  post-grant administrative trials, many taking place concurrently with complex litigation and appeals to the USPTO Patent Trial and Appeal Board (PTAB).  Mr. Kunin is highly skilled in the strategic and tactical use of reexamination to help clients avoid the high cost of patent litigation. He is also experienced in using patent reissue as a means for correcting latent defects in issued patents.

Mr. Kunin received numerous awards during his career at the USPTO, including four Gold Medals, four Silver Medals and a Bronze medal from the Department of Commerce, a USPTO Career Achievement Award, and the Vice President's Reinventing Government Hammer Award.  He was named by Intellectual Property Today magazine as one of the most influential people in IP law, and was the recipient of the Meritorious Executive Presidential Rank Award.

Mr. Kunin and his team maintain the firm’s Patents-Post Grant Blog and Treatise to share insights and commentary on the complex array of existing and proposed post-grant issues, observed trends, practice tips and news relating to patent reexamination and reissue, and the new post grant administrative trials introduced by the Leahy Smith America Invents Act.  He also serves as the Intellectual Property Program Director at the George Mason School of Law where he teaches patent law and intellectual property. He is frequently sought out to lecture to external groups on reexamination, reissue and USPTO patent practice.

Mr. Kunin serves as a member of the IPO Post-Grant Proceedings Committee as well as AIPLA and ABA Committees.

Managing IP Magazine- named 'IP Star' (2013 - 2015)

American Intellectual Property Law Association (AIPLA) Fellow (2012)

Best Lawyers in America (2010 - 2015), named among the best in Intellectual Property Law

Chambers USA, Selected as one of "America's Leading Lawyers for Business" (Intellectual Property) (2008, 2012-2015)

The Legal 500 U.S., recognized as one of the top Patent Lawyers (2011 - 2012)

Top Patent Prosecutor, Patent Research Review (2011)

Intellectual Asset Management (IAM) Patent 1000: The World's Leading Patent Practitioners, named to its list of the top patent prosecution attorneys in the world; selected as one of the top practitioners in the United States for post-grant proceedings (2012-2014)

Department of Commerce, Gold Medal

Department of Commerce, Silver Medal

Department of Commerce, Bronze Medal

USPTO Career Achievement Award

Meritorious Executive Presidential Rank Award

Vice President's Reinventing Government Hammer Award

Recognized as one of the most influential people in IP law, Intellectual Property Today magazine (2001)

Named one of the most inspiring regulators in the federal government, Global Counsel (Feb. 2002)

IPO Leadership Award (Dec. 2004)

34th Annual Dr. Joseph Rossman Memorial Award 2007, for “an article that made the greatest contribution to the field of Patents, Trademarks and Copyrights” (co-authored with Bradley Lytle, July 2005 – June 2006)

Selected by his peers for inclusion in the 2010 edition of The Best Lawyers in America® in Intellectual Property Law (2010, 2011); Patent Law (2011)

Washington D.C.'s Best Lawyer's List (2010)

Monday, October 11, 2010

Getting Your Case Stayed By Stipulated Acceleration

Friday, June 25, 2010

Hisamitsu Pharmaceutical requested ex parte reexamination of only claims 1, 3 and 6 of its own U.S. Patent No. 7,034,083 (the “’083 Patent”) based upon certain prior art.  However, the USPTO ordered reexamination on all claims (i.e., claims 1-6)...

Thursday, June 03, 2010

As noted in our post yesterday, prior to their Memorial Day break, the Federal Circuit issued two decisions touching upon patent reexamination practice, the second decision is discussed below.

Monday, May 24, 2010

Unlike pre-grant patent prosecution, the submission of declaration evidence under 37 CFR 1.131/132 in patent reexamination is not only common, but the norm. This is due to the fact that there are no opportunities to continue patent reexamination via RCE as in...

Monday, May 10, 2010

On April 28, 2010, The USPTO’s Board of Patent Appeals and Interferences (BPAI) rejected claims 1-3 of Wisconsin Alumni Research Foundation’s (WARF) “Primate Embryonic Stem Cells” Patent (U.S. Patent No. 7,029,913, the ’913 patent).  The WARF patent is licensed to...

Monday, May 03, 2010

Different standards lead to different results in patent reexamination and district court litigation

Friday, April 30, 2010

The March 4, 2010 Manager’s Amendment to S. 515, known as the Patent Reform Act of 2010 may be substituted for the Senate Judiciary Committee-passed version of S. 515, and then be considered by the Senate as a whole prior to Memorial Day.

Thursday, April 29, 2010

United States District Court for the Northern District of California, San Francisco Division Judge Richard Seeborg issued an Order on April 26, 2010 denying a motion to stay Ultra Products, Inc. v. Antec, Inc. (Civil Action No.

Thursday, April 29, 2010

EDVA District Court Judge Payne denied the accused infringers’ motion to stay a patent infringement suit pending the outcome  of reexamination of the patents-in-suit in...