More companies these days feel the need for design patent protection in several countries outside the U.S. But complications are plentiful, pitfalls are many, and international harmonization efforts may offer false security. Our panel includes an in-house counsel with experience managing design patent prosecution in more than 15 countries plus the European Community, and two international design patent prosecution veterans. They will examine a number of issues that should be addressed in preparing an effective international filing strategy, including:
- The significance of the “absolute novelty” standard in nations including China. No grace period means that any disclosure by the inventor or designer anywhere in the world, including in consumer testing and trade shows, is considered prior art before filing;
- Differences in rules regarding partial designs, where only a particular feature is claimed;
- Limits in enforceability, such as the “must fit, must match” and “hidden in use” exclusions;
- Balancing cost and coverage.
Speakers:
- John Cheek, Caterpillar, Inc.
- Elizabeth Ferrill, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
- Robert Katz, Banner & Witcoff, Ltd.