Design Patent Protection in the United States and Europe: More Than Meets the Eye?

The United States Patent and Trademark Office (USPTO) practice of subjecting applications for design patents to substantive examination can come as somewhat of a shock to European practitioners accustomed to the simple design registration procedures found at the Office of Harmonization for the Internal Market (OHIM) and national registries. As well as formal matters, U.S. design patents are subjected to prior art search and examination on absolute patentability grounds. The overall process is similar to that for utility patents and requires more input from the applicant, both in preparing the application and prosecuting it before the USPTO. Proper management of this process is necessary to obtain the best protection. While the process of obtaining a U.S. design patent may appear burdensome (and expensive) to European practitioners, the resulting intellectual property rights can be enforced through the courts to great effect, as seen in the recent Apple v. Samsung smart phone and tablet computer dispute.

Please join our panel as they discuss the key differences between U.S. and European design practice, and highlight issues that should be considered to obtain effective design protection in the United States. Topics will include:

• Subject matter suitable for design protection

• Basic filing requirements, including the need to file a claim

• Typical formal requirements and common challenges

• Review of prior art standards and examination

• Means of enforcement

This webinar is the fourth in Finnegan’s 2013 series, “Strategic U.S. Patent Series for European Counsel.” We hope you are able to attend.

Speakers:

Eric P. Raciti
Martin D. Hyden
Timothy J. May

Date:
Wednesday, June 12, 1013

Time:
16:00 CEST
10:00 EDT