Anna McCoy Featured in WTR1000

Firm founding partner, Anna McCoy is featured in this year’s World Trademark Review 1000 – The World’s leading Trademark Professionals which you can view here. Anna was selected due to her hard work, dedication, and trademark know-how, having received sufficient positive feedback from market sources with knowledge of her practice and the market in which she operates.

Number 2 Firm in Alice Allowances

McCoy Russell is happy to announce recent recognition as having the second highest Alice allowance rate in the country by Juristat. Read the article here. The USPTO average Alice allowance rate is 54.6% and McCoy Russell’s allowance rate is over 97%. The rankings also considered Alice overcome rates, and noted that only two firms, one of which was McCoy Russell, ranked in the top for both Alice allowance rates and Alice overcome rates.

Top Patent Law Firms in Oregon for 2018

PORTLAND, OR, Jan. 4, 2019/ –We compiled a list of the top patent law firms based in Oregon. They are ranked by the total number of U.S. design and utility patents issued in 2018 where the patent firms were listed on the front of the patent. Included firms have over 35 patents with an Oregon inventor.




McCoy Russell LLP is a nationally ranked boutique, woman-owned, intellectual property law firm headquartered in Portland, Oregon and focused on the prosecution and development of patent and trademark portfolios.

Filing Third Party Observations

By Jackie LaBerge Tyson, McCoy Russell LLP

Third-party or preissuance submissions are a tool for third parties to submit patents, published patent applications, or other non-patent literature that may be of potential relevance to the examination of a patent application. The U.S. Patent and Trademark Office’s Third-Party Submission Program has been available since September 2012, but has not been frequently used, though the USPTO considers third party submissions to be a valuable tool, as examiners are motivated to apply the best prior art available to make a rejection, regardless of who found the prior art.

However, current U.S. law limits when a preissuance submission can be filed, and thus the owner of the subject patent application is free to work with the U.S. examiner to overcome any submitted references, and the third party cannot participate in the ongoing prosecution.

Regardless, third-party submissions can be useful in disrupting the prosecution of competitors’ patents.

In regards to filing the submission, the submission must be made in any non-provisional, design, or plant application before the earlier of:

  1. The date a notice of allowance under 35 U.S.C. 151 is given or mailed in the application; or
  2. The later of:
    • Six months after the date on which the application is first published under 35 U.S.C. 122 by the USPTO, or
    • The date of the first rejection under 35 U.S.C. 132 of any claim by the examiner during the examination of the application.

The third party should ideally file the submission electronically through EFS-Web, though submissions can also be submitted in paper via first-class mail, or by hand delivery, but not via facsimile.

The following forms should be included in the submission:

  1. Form PTO/SB/429 (or equivalent document list), identifying the publications, or portions of publications, being submitted;
  2. A concise description of the relevance of each item listed in the document;
  3. A legible copy of each item identified in the document list, other than U.S. patents and U.S. patent application publications;
  4. An English translation of any non-English language item identified in the document list;
  5. Statements by the party making the submission that:
    • The party is not an individual who has a duty to disclose information regarding the application under section 1.56; and
    • The submission complies with the requirements of 35 U.S.C. 122(e) and section 1.290; and
  6. Any required fee, or the statement that the fee exemption applies to the submission.


The USPTO issued a very handy guide for third-party submissions that can be found here:

In regards to the fee, a fee is incurred for every ten documents listed or fraction thereof, unless the third party is submitting three or fewer documents, provided the submission is the first for the party, and a “first and only” statement is filed.

If the submission is found to be non-compliant, it won’t be entered into the image file wrapper of the application or considered by an examiner, and the fee will not be refunded. However, the third party can make another submission, provided that the statutory time period for filing a submission has not closed.

If the submission is entered into the image file wrapper, the applicant will be notified of the entry if the applicant participates in the USPTO’s e-Office Action program. Otherwise, the contents of the submission will be made available in the application’s image file wrapper.



McCoy Russell LLP is a nationally ranked boutique, woman-owned, intellectual property law firm headquartered in Portland, Oregon and focused on the prosecution and development of patent and trademark portfolios.

Patents & Trademarks – Law Firm of the Year – USA

PORTLAND, OR, Dec. 13, 2018/ –McCoy Russell LLP is pleased to announce that the Firm has been named to the 2018 Lawyer Monthly Legal Awards 2018. The Firm won Law Firm of the Year, USA, in the category of Patent & Trademarks. The Lawyer Monthly Legal Awards 2018 recognizes the achievements of law firms, lawyers, counsel and those connected to the legal world who have a proven track record in delivering results for their clients over the past twelve months. The awards are divided into individual and firm categories. Each category has been selected to represent the diversity of skills and knowledge that the profession has to offer clients across the globe.


McCoy Russell LLP is a nationally ranked boutique, woman-owned, intellectual property law firm headquartered in Portland, Oregon and focused on the prosecution and development of patent and trademark portfolios.

Congrats to Twofold USA for Product Innovation Win

McCoy Russell client Twofold USA is Portland Business Journals Product Innovation Winner for the 2018 Manufacturing Awards. Twofold has created a space optimizing product that transforms walls into an adaptable, ergonomic, sit-stand workstations which are designed to stow away when not in use. Their goal is to improve efficiency by increasing the capacity of smaller floor plans and greater density in existing spaces.  McCoy Russell LLP has worked with Twofold to develop a strategic and comprehensive patent and trademark portfolio that aligns with their business objectives.