U.S. Patent Law for European Patent Attorneys

Contents

This webinar covers the Basics of US patent law. US patent law includes many practices that diverge from common practice in European patent law. Here, we focus on key differences and engage participants in multiple practical examples. We proceed, step by step, from filing a US patent application, through examination, and to appeal and post-grant proceedings before the USPTO and the US courts with a focus on formalities, fees, deadlines and other information that is particularly relevant for European patent attorneys entrusted with matters before the USPTO.

In 2 ×90 minutes you will learn about:

• Legal basis for US patent law

• USPTO structure and leadership

• Types of US patent and corresponding US patent applications

• "Provisional" patent applications

• Continuing applications: Divisional / Continuation / Continuation-in-Part

• Application materials

• Information Disclosure Statements (IDS) and the “duty of candor”

• Inventor’s Oath or Declaration

• Foreign Filing License

• Office Actions (Non-Final / Final)

• Responding to Final Office actions: AFCP und RCE

• Responses to substantive arguments (novelty, inventive step / obviousness)

• Practical examples: Arguments for novelty, non-obviousness, unity before the USPTO

• Calculation of deadlines and fees ("2-Month Rule")

• Appeals, pre-appeals, and petitions

• Issue (grant) and patent term ("Patent Term Adjustment")

• Maintenance fees

• Post-Grant Proceedings before the Patent Trial and Appeal Board (PTAB) at the USPTO

• Infringement and nullity proceedings before the US Courts

Seminary times

2 x 90 minutes