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James T. Carmichael

James T. Carmichael

James T. Carmichael is a former Administrative Patent Judge on the Board of Patent Appeals and Interferences (now the Patent Trial and Appeal Board).  Jim was employed by the U.S. Patent and Trademark Office (PTO) for eight years, including working in the electrical and computer division of the Board as an Examiner-in-Chief.  Currently he represents inventors and patent challengers before the PTO in patent prosecution and post-grant proceedings. 

Before becoming a Judge, Jim served for five years as an Associate Solicitor of the PTO.  In that capacity, he represented the agency in federal court litigation and argued more than thirty appeals at the U.S. Court of Appeals for the Federal Circuit.  The appeals Jim handled included patentability and reexamination.  He was also Coordinator of attorney discipline proceedings.  Jim helped develop PTO procedures relating to the duty of disclosure as well as reexamination.

Prior to joining the PTO, Jim worked at the U.S. Court of Appeals for the Federal Circuit as former Chief Judge Howard T. Markey's sole law clerk. In that position, he helped Judge Markey draft opinions issued by the Court in patent and trademark cases.

Jim has lectured and published many times on patent law and procedure, and has been widely quoted in the press on patent matters.  He is a contributing author to the firm's Bilski Information Center concerning patentable subject matter.

Jim has testified as an expert on PTO procedure in more than thirty patent infringement lawsuits.

In all, Jim has more than twenty-five years of experience in patent matters including prosecution and post-grant proceedings.

Affiliations & Recognition

Professional Involvement

  • American Bar Association: Committee on Inventors, Chair (1996)

  • American Intellectual Property Law Association, Chair (2013)

  • Association of Patent Law Firms: Secretary (2002)




Press Coverage


Speaking Engagements