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  • On February 5, an en banc Federal Circuit will consider whether the current design patent obviousness test is overly rigid and should be revised. The Court has issued a series of detailed questions to be considered and this forthcoming decision could fundamentally change the issue of design patent obviousness as well as the perceived value of design patent protection. In preparation for the argument, this webinar will discuss an overview of the issues to be considered, a detailed dive into the United States’ brief and the amicus brief from Apple (both of which are expected to be important to the Court), and consideration of how this decision could affect the design patent obviousness question at the PTAB and the district court level in the future. The panel will also discuss details about what to expect during the oral argument. After the webinar, audience members will be armed with the knowledge they need to get the most out of the upcoming oral argument.

  • During this webinar, panelists will discuss the guidelines and potential consequences of the proposal. Under Bayh-Dole, universities and other contracting organizations are given rights to intellectual property generated from federally funded research and enabled to license these inventions to private sector partners who can then commercialize them. It includes a “march-in” provision that permits the government, in specific and limited circumstances, to require the patent holder to grant additional licenses to the patented technology.

  • A panel of highly experienced patent attorneys from the US, Europe and Japan will discuss recent court decisions on patent enablement, the impact for future decisions, and strategies for addressing enablement in patent applications and litigation. They will provide a brief overview of patent enablement in each country and discuss recent decisions including the US Supreme Court decision in Amgen and the Amgen cases in Europe and Japan. In addition, they will compare and contrast the patent enablement requirements for each country and provide strategies for complying with enablement.

  • It seems like every court and tribunal was active in altering the intellectual property landscape in 2023. The Supreme Court left its mark in patents, trademarks, and copyright in four important decisions. The Federal Circuit issued any number of informative and at times controversial opinions. The PTAB and TTAB were busy beavers and let’s not forget the regional circuits and their impact on trademarks and copyrights. Our panelists will attempt to distill down the past year’s major decisions and discuss the ones that will affect IP practitioners in 2024 and beyond.

  • A panel of highly experienced PTAB advocates will discuss some of the most significant developments in PTAB practice in 2023 and how those developments will impact future cases. They will discuss important decisions promulgated last year, including several designated precedential, as well as court treatment of PTAB decisions with implications for PTAB practice. In this discussion, you will hear what you need to know to keep your PTAB practice sharp in 2024.

  • This session will consider laws – such as the EU AI Act, EU Data Act, right to repair laws, TRIPS/WTO IP waiver, and privacy laws – that could compel owners of trade secrets to provide the otherwise secret information to governments, consumers and competing companies. Speakers will discuss increasingly restrictive government policies that limit the flow of information to certain nations (e.g., Chips and Science Act), and efforts to use trade laws and other mechanisms to penalize trade secret theft (e.g., Protecting Intellectual Property Act of 2022). In addition, this panel will also address the push in the US to reduce employee non-compete restrictions, which have the goal of increasing employee mobility but which make it harder for companies to protect trade secrets.

  • In this webinar, we will discuss the disparity in demographics of inventors, an overview of the Patent Pro Bono Program and its impact on inventor demographics, as well many other opportunities for low-resourced inventors through the USPTO’s Council on Inclusive Innovation and other programs. Patent Pro Bono Volunteers can share their skills and talents for intellectual property protection, while knowing that their clients have access to many resources for commercializing their invention.

  • Come listen to a lively discussion between a designer, a seasoned litigator and design patent prosecutor as they explore and consider various aspects of industrial design law including the ordinary observer, obviousness, indefiniteness, and the impact of other legal interpretations on industrial design rights. Hear the panel speak to how the law can advance the work of the industrial designer whose manufactured product is shaped to fit the people who use it as well as the processes that produce it – while striving to provide a distinctive elegance that attracts consumers to buy it.

  • This webinar will address Third-Party Preissuance Submissions under 35 U.S.C. 122(e) and how they can be strategically employed to curtail the issuance of overly broad US Patents. A case for when and how to take advantage of the power to participate in the patent prosecution of competitors will be laid out. Benefits vs. drawbacks and potential pitfalls will be outlined. Finally, a model third-party submission regime will be proposed, including publication monitoring, prior art development, and strategic drafting of third party submissions with be detailed. Presenters will include both in house and law firm counsel with extensive third-party submission experience to provide a diverse set of perspectives.

  • This webinar will explore this burgeoning field from a variety of angles, including objective facts relating to funders and their cases, insurance and lending efforts, as well as perspectives of investors, defendants, and other market participants. Bringing together these diverse perspectives will help attendees better understand this significant new development in patent litigation and IP monetization.

  • IPO’s Patent Search Committee published a white paper titled “Traps for the Unwary in Search Patents: When to Consider Using a Professional Patent Searcher”. As discussed in the white paper, there are many vagaries in patent searching that fool the untrained searcher into believing that they have completed an adequate search. Depending upon the reason for the search and how it will be used, a professional patent search may need to be critical to answering your questions. This webinar will address how to recognize when engaging a professional patent searcher is beneficial or necessary. Speakers will also discuss when you need someone with deep searching expertise, knowledge of the searching tools and databases (especially including what they can deliver and what they cannot deliver), and how best to leverage that expertise. They will also explain how to recognize when you need to go to the next level.

  • The Patent Agent Committee will host Part 2 in a webinar series on “Effective Use of Patent Agents.” In Part 2, speakers will provide background and answer questions on current case law around Patent Agent privilege. Speakers will also explore strategies and considerations related to best practices for using patent agents in-house. Note: IPO will not be applying for CLE credit for this course.

  • This webinar will examine ways to incorporate Alternative Dispute Resolution (ADR) into intellectual property disputes from using arbitration clauses in license agreements to strategies for going to mediation. The pros and cons of various approaches will be discussed as will consideration of what attributes to look for in a neutral third party.

  • This webinar will cover recent developments in case law over the past six months. The first half of 2023 saw no less than four IP decisions from the Supreme Court. The panel will also cover notable decisions issued by the lower tribunals in the first half of the year.

  • The role of patent agents has evolved over the past decade. IPO’s Patent Agent Committee will host a two-part webinar series on effective use of patent agents. Part 1 will address the benefits of having a patent agent program including how patent agents can support legal/business work outside of preparation and prosecution. Speakers will discuss unique benefits to staffing with patent agents, including contributing to your organization’s diversity. Part 2 is scheduled for August 9 and will focus on Patent Agent privilege and best practices for using patent agents in-house. *Please note that IPO will not be applying for CLE credit for this course.