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Elissa M. Shortell

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[email protected]

+1.617.348.1701

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Elissa M. Shortell is an accomplished patent attorney who helps companies build, manage, and leverage strategic intellectual property portfolios across the United States and internationally. She provides full-spectrum patent support, including patent drafting, prosecution, portfolio strategy, patentability searches, freedom-to-operate analyses, and IP due diligence for both litigation and transactional matters.

Elissa drafts and prosecutes U.S. patent applications and oversees foreign counterparts. She also prepares and participates in European Oppositions and develops patent owner responses in Unified Patent Court (UPC) proceedings. Her technical experience spans materials science, tissue engineering, chemistry, additive manufacturing, mechanical and consumer products, olefin production, fuel dispensers, drug delivery systems, medical devices, and battery technology.

Drawing on her deep experience in medical devices and her early technical roles in the chemical and industrial sectors, Elissa helps clients protect high-impact innovations in advanced materials, chemistry, medical technology, and mechanical engineering. She has extensive experience managing both utility and design patent portfolios.

Prior to joining Mintz, Elissa practiced at an international law firm, where she focused on patent prosecution and post-grant proceedings. She previously served as primary IP counsel for a high-tech lighting company, working closely with researchers to identify and protect patentable technologies. Earlier in her career, she gained valuable industry experience at Procter & Gamble, Millennium Pharmaceuticals (now Takeda), and General Electric.

viewpoints

USPTO supplemental guidance effective March 13, 2026 modernizes design patent examination by allowing GUI and other computer-generated designs to satisfy the “article of manufacture” requirement without depicting a physical display, significantly expanding protection for software-driven visual designs.

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At the time of filing any patent application with the United States and Patent Trademark Office (USPTO), patent applicants must designate their entity status.  Selecting the correct entity status can significantly reduce costs, so it is important to determine the correct entity status and update the status as needed throughout a patent’s and patent application’s life.  There are three types of entity statuses: large, small, or micro, with small and micro entities being entitled to reduced USPTO fees

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Patent Term Adjustment: The Real Meaning of Applicant Delay

February 6, 2019 | Blog | By Christina Sperry, Elissa Shortell

On January 23, 2019, the Federal Circuit decided Supernus Pharmaceuticals, Inc. vs. Iancu and shed light on Patent Term Adjustment (PTA).  PTA was established by the American Inventors Protection Act of 1999 and codified at 35 U.S.C. § 154(b), which defines three kinds of United States Patent and Trademark Office (USPTO) delays, “A” delay, “B” delay, and “C” delay, and sets forth certain reductions from the summation of the Type A, B, and C delays.  One of these reductions relates to Applicant delays.  For an overview of PTA, see our prior articles here and here.
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Understanding Priority Claims for U.S. Patent Applications: Part 2

November 27, 2018 | Blog | By Christina Sperry, Elissa Shortell

This article is second in a two-part series focusing on various issues related to priority claims in U.S. patent applications.  While Part 1 is a general overview of how to make a proper priority claim, this article addresses how to make a timely post-filing priority claim in an application and how to correct an improper priority claim.  Timeliness is crucial to avoid high fees and ensure that an earlier priority date is not lost.  The procedures discussed below are post-America Invents Act (AIA) procedures applicable to applications and issued patents filed on or after March 16, 2013.
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Understanding Priority Claims for U.S. Patent Applications: Part 1

July 11, 2018 | Blog | By Christina Sperry, Elissa Shortell

This article is first in a two-part series focusing on various issues related to priority claims in U.S. patent applications.  Part 1 is a general overview of how to make a proper priority claim, without addressing how to correct an improper priority claim, which will be examined in Part 2.
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Information Disclosure Statements: When and How to File?

January 24, 2018 | Blog | By Christina Sperry, Elissa Shortell

Under U.S. patent law, while there is no duty to perform a search of relevant art, inventors and those associated with filing or prosecuting patent applications as defined in 37 C.F.R. § 1.56 have a duty to disclose to the U.S. Patent and Trademark Office (USPTO) all known prior art or other information that may be “material” in determining patentability.
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Calculating Patent Term Adjustment: Part 2

September 21, 2017 | Blog | By Christina Sperry, Elissa Shortell

This article is second in a series focusing on various issues related to Patent Term Adjustment for U.S. patent applications.  While Part 1 is a general overview of how to calculate patent term adjustment (“PTA”), this article addresses how the filing of various papers during prosecution can affect PTA.
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Calculating Patent Term Adjustment: Part 1

June 22, 2017 | Blog | By Christina Sperry, Elissa Shortell

This article is first in a series focusing on various issues related to Patent Term Adjustment. Part 1 is a general overview of how to calculate patent term adjustment, without addressing the numerous factors that can affect patent term adjustment that will be examined in future articles.
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News & Press

Press Release Thumbnail Mintz

Mintz announces the elevation of 12 attorneys to its partnership ranks across the US and Canada, effective January 1, 2026. These promotions build on the firm’s growth in 2025, which included 14 lateral partners spanning the firm’s geographies.

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Events & Speaking

Speaker
Apr
30
2019

Technology Centers 3600 and 3700 Customer Partnership Meeting

USPTO and American Intellectual Property Law Association

USPTO Headquarters, 600 Dulany Street, Alexandria, VA

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