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Aldo Martinez

Patent Attorney

Xsensus Law

Aldo Martinez is a patent attorney at Xsensus Law. Mr. Martinez brings more than 10 years of real-world industry experience as an electrical engineer and more than 15 years of experience as a patent attorney to his practice of intellectual property law. He helps clients develop world-wide patent portfolios and directs and manages patent prosecution on behalf of clients in Asian, European, Latin American, and Middle Eastern countries, such as Japan, China, India, Russia, the European Union, Mexico, Argentina, Israel and Saudi Arabia.

Mr. Martinez is experienced in a wide range of technological areas, including: Factory automation and industrial controls, wired/wireless communication systems, automotive electronics and autonomous vehicle control, medical devices and imaging software, display technology (LED, LCD, TFT), battery systems, digital health systems, audio systems, camera systems, photogrammetry, cybersecurity, and blockchain.

He also helps clients identify and prosecute standard-essential applications, including applications related to NFC, IEEE 802.11, LTE, LTE-A, MPEG-DASH, ATSC, and other technological standards. Additional experience includes: Representing clients before the Patent Trial and Appeal Board in Ex Parte appeals, post-grant proceedings, such as Ex Parte Reexamination and Inter Partes Review, and counseling clients regarding invalidity and infringement issues, including preparation of invalidity and non-infringement opinions.

Recent Articles by Aldo Martinez

Still Receiving Alice Rejections? Time to Revisit USPTO Guidance

Alice Corp v. CLS Bank Int’l, 134 S. Ct. 2347 (2014) sent rejections under 35 U.S.C. § 101 skyrocketing from under 10,000 per year prior to the Alice decision to nearly 35,000 the year the Supreme Court handed down its decision (2014). Peaking at just over 100,000 rejections in 2018, the USPTO’s January 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG) helped to stabilize and ultimately lower the number of rejections under Section 101 to just over 20,000 in 2021. Though this number may continue to drop – the data on Section 101 rejections for 2022 is not yet complete – one thing is for sure: The number of rejections under Section 101 post Alice still far outnumber the Section 101 rejections made prior to Alice by at least 10,000 per year. As illustrated in Fig. 1 (data gathered using juristat.com), the majority of rejections under Section 101 made since 2014 are still Alice rejections, which leaves room for this number to decrease further.