Developments in U.S. and E.U. Design Patent Protection: What You Need to Know
Over the years, companies worldwide often overlooked the role design patents perform in preventing potential infringements across the globe. Although, with limited scope of protection, companies who invest in design patents are likely to manage and maximize their value well and therefore, establish a competitive advantage and growth.
The U.S.’ recent adoption of the Hague System for the International Registration of Industrial Designs has paved the way for companies to obtain protection for their design patents in multiple jurisdictions. Under the Hague Agreement, applicants are allowed to file a single, standardized international design application in over 64 member states and intergovernmental organizations. In addition, applicants can also avoid other procedural requirements as well as fees associated with filing separate applications through local counsel. While deemed easier and cost-effective, it is still crucial for companies to exercise careful planning and consideration before taking advantage of this new design protection regime.
In this two-hour LIVE Webcast, a panel of distinguished professionals and thought leaders will help you understand the important aspects of this significant topic. The panel will provide an in-depth discussion of the recent Developments in the U.S. and E.U. Design Patent Protection. Speakers will also offer best practices in developing and implementing an effective patent protection policy and in ensuring compliance with applicable laws.
Some of the major topics that will be covered in this course are:
- Recent Updates in the US and EU Design Patent Protection
- The Hague System – An Overview
- Key Benefits and Risks
- Options and Strategies for International Design Protection
- Possible Legal Challenges
- Best Compliance and Enforcement Practices
Jeffrey M. Kaden, Managing Partner
Gottlieb, Rackman & Reisman, P.C.
- What is a U.S. Design Patent? design patents v. utility patents, what is appropriate design patent subject matter, how to obtain a design patent
- The Test For Design Patent Infringement- determining the scope of a design patent and the impact of the prior art, the ordinary observer test, substantially the same(identity not required) v. plainly dissimilar tests, literal infringement v. the doctrine of equivalents
- Validity of a Design Patent- the test for anticipation, the test for obviousness
- Remedies For Design Patent Infringement- reasonable royalty, lost profits, profits of the infringer, injunctive relief
- High Point / BDI
Mark J. Thronson, Partner
Dickstein Shapiro LLP
- An overview of the recently-implemented Hague Agreement for international registration of industrial designs, highlighting its advantages and disadvantages.
- An explanation of how to file international design applications (PTO Rules 1001-1052), and how to process such applications with respect to the United States (PTO Rules 1061-1071).
- A discussion of the increased patent term, pre-grant publication, and provisional rights provisions for industrial designs under the Patent Law Treaties Implementation Act, effective May 13, 2015.
- A cautionary note on inconsistencies that remain between the laws of the United States, the European Union, and other countries/regions, especially with respect to drawings requirements.
Ian R. Walsworth, Shareholder
Sheridan Ross P.C.
- Possible Legal Challenges – discussing cases and jurisdictions
- Best Compliance and Enforcement Practices
Who Should Attend:
- IP Attorneys & Consultants
- Patent Licensing Attorneys
- Design Patent Attorneys
- Patent Litigators
- In-house Counsel
- Other related/interested Professionals and Organizations
Jeffrey Kaden focuses his practice on patent prosecution and due diligence, as well as in all areas of intellectual property litigation. For over 30 years, Mr. Kaden has advised a wide range of high-tech and soft goods clients on patent, trademark, and copyright procurement in the United States and abroad. He is licensed before the U.S. Patent and Trademark Office and has appeared on behalf of his clients in numerous federal court proceedings. His areas of technical expertise include chemical and biomedical products as well as medical technology, including organic chemistry, biomaterials, and biomechanics. While an undergraduate at Johns Hopkins majoring in biomedical engineering, Mr. Kaden was a research fellow at Hopkins' renowned University Hospital and Medical Center. A regular contributor to trade and industry publications, Mr. Kaden is currently the firm’s managing partner.
Jeffrey Kaden focuses his practice on patent prosecution and due diligence, as well as in all areas of intellectual property …
Mark Thronson is a partner in Dickstein Shapiro’s Intellectual Property Practice. Mark has thirty-three years of successful experience in virtually every aspect of patent law, including patent litigation, patent post-grant proceedings, utility and design patent prosecution, opinions/counseling, patent licensing, and alternative dispute resolution. Mark has represented many of the world’s largest and most important companies.
From 1982 to 1988, Mark was an examiner at the U.S. Patent and Trademark Office. From 1994 to 2009, Mark was an adjunct professor at Johns Hopkins University, where he taught intellectual property law to graduate business students. In 2013, he received the prestigious Burton Award for distinguished legal writing. Mark has an undergraduate degree in civil engineering. He received his law degree, with honors, from George Washington University.
Mark Thronson is a partner in Dickstein Shapiro’s Intellectual Property Practice. Mark has thirty-three years of successful experience in virtually …
Ian is a registered patent attorney specializing in enforcement and defense of intellectual property rights. Ian routinely engages in intellectual property litigation and alternative dispute resolution on behalf of his clients, and he has successfully resolved dozens of complex IP litigation matters.
Ian’s practice is also dedicated to keeping clients out of litigation. He assists a number of enterprise and entrepreneurial clients in acquiring IP and has prepared and prosecuted domestic and foreign utility and design patent applications. Ian also advises clients on protecting their trademarks, trade dress and trade secrets.
Before becoming an attorney, Ian worked as a controls engineer for Rockwell Automation. He holds a bachelor’s degree in engineering from the University of Colorado and a law degree from the University of Denver.
Ian is a registered patent attorney specializing in enforcement and defense of intellectual property rights. Ian routinely engages in intellectual …
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About Gottlieb, Rackman & Reisman, P.C.
Gottlieb, Rackman & Reisman, P.C. (GR&R) is a full service intellectual property boutique law firm that has been providing legal advice and guidance on all aspects of patent, trademark, copyright, unfair competition law and related areas for nearly 45 years. It is recognized as a Top Ranked Law Firm for the past two consecutive years, receiving a Martindale-Hubbell AV Preeminent® peer review rating. The firm represents a wide variety of clients, many of whom are in the fashion and related industries, including clients whose businesses focus on clothing, leather goods, furniture, tableware, jewelry, and eyewear. The firm also represents many high tech products oriented clients, including companies that are involved in pharmaceuticals, medical devices, electronic devices, internet telephony and software systems.
About Dickstein Shapiro LLP
Market Leading Specialty FirmSM
Founded in 1953, Dickstein Shapiro is internationally recognized for its work with clients, from start-ups to Fortune 500 corporations. Dickstein Shapiro provides strategic counsel and develops multidisciplinary legal solutions by leveraging its core strengths—litigation, regulatory, transactions, and advocacy—to successfully advance clients’ business interests.
The firm’s intellectual property attorneys are located in Los Angeles, New York, Stamford, CT, and Washington, DC. The firm combines decades of intellectual property litigation experience, throughout the United States, and globally, with a robust prosecution, procurement, and asset management practice to devise strategies that help clients protect and maximize the value of their intellectual property assets.
About Sheridan Ross P.C.
Sheridan Ross is the oldest patent and trademark law firm in the Rocky Mountain region. The firm’s 50 intellectual property specialists work to protect their clients’ rights in the U.S. and around the globe in a full range of technologies, including mechanical and electrical engineering, biotechnology and pharmaceuticals, computer hardware and software, consumer goods, and more.