A number of recent developments have forced practitioners, even those who never thought that design patents were important, to pay attention to design patents. The Apple v. Samsung litigation, in which a jury verdict of nearly a billion dollars was awarded to Apple, largely on its design patents. The imminent accession of the US to the Hague Agreement, which will permit US filers to use the Hague process as a one-stop-shopping way to file for design protection in many countries at once.
Here are some important upcoming events in this area:
Those practitioners who wish to join in discussions with other practitioners about developments in industrial design protection may wish to subscribe to the Industrial Designs listserv.
(Updated to reflect that Forty-two patent practitioners have asked Director Vidal to make it so. See blog post and update below.)
A member of the PCT Listserv asks “does USPTO give you the same Examiner in a US national application and in the corresponding PCT application?” This is a very interesting question and has several sub-questions to it. Continue reading “Does the USPTO give you the same examiner as in the PCT?”
Well, we are starting to see the work product of the Patent Trial and Appeal Board, whose goal for many of the new AIA proceedings is to dispose of them within a year. Here’s the decision in CRS Advanced Technologies, Inc. v. Frontline Technologies, Inc. (Case CBM2012-00005), instituted January 23, 2013 and decided just under a year later on January 21, 2014.
CRS wanted to invalidate some of the claims of US Patent 6,675,151. Doing so in court would likely have cost half a million dollars or more. CRS picked the Covered Business Method approach and (I’d guess) probably spent well under a quarter million dollars. And prevailed.
What I would have hoped is that the decision might help to clarify what practitioners need to do to draft patent applications that will survive post-grant review (whether before the PTAB or before the courts). I don’t think I got my wish. Here’s why I feel this way. Continue reading “PTAB speaks on 35 USC § 101 — or is it § 103? CRS v Frontline”
On Monday, March 24, I will be speaking in East Lansing, Michigan at the 2014 Intellectual Property Law Spring Seminar. My topic is “PCT Practice Tactics and Strategies.”
The 49th Annual Corporate Patent Seminar will take place April 9-11 in Chicago. I will be speaking on several topics including Restoration of Priority and the Patent Cooperation Treaty.