Design Patent Protection for Replacement Parts: Drafting Claims, Differences Between U.S. and European Treatment
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE webinar will guide patent counsel on design patent protection for replacement parts. The panel will examine the key considerations when defining and drafting design patent claims for replacement parts. The panel will also discuss the differences between U.S. and European treatment of design patents for replacement parts and will offer best practices for drafting design patent claims for replacement parts.
Outline
- Key considerations
- Drafting issues
- Claiming replacement parts, including partial designs
- Title of the patent application, including consideration of the article of manufacture
- Recent legislation
- Differences between U.S. and European treatment of design protection for replacement parts
- Best practices for drafting design applications
Benefits
The panel will review these and other key issues:
- Key considerations and best practices for counsel in drafting design patents for replacement parts, including partial designs, choosing the title of the application, and consideration of the article of manufacture
- Differences between the U.S. and European treatment of design patents/registrations for replacement parts
- How recent U.S. legislation will affect design patents for replacement parts.
- Best practices for drafting design patents for replacement parts
Faculty
Bart A. Fisher
Corporate Counsel – Intellectual Property Law, Security, & Public Policy
Caterpillar
Mr. Fisher serves as lead IP counsel for Caterpillar Electric Power and Reman Divisions. He... | Read More
Mr. Fisher serves as lead IP counsel for Caterpillar Electric Power and Reman Divisions. He previously worked on the Caterpillar IP Patent Development Team, the Aftermarket Parts Team, the Engines and Power Systems Team, and the Machines Team developing world-class patent portfolios, including both utility and design patents. Prior to joining Caterpiller, he practiced Intellectual Property law at a large international general practice firm and at an IP boutique firm.
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Ewan Grist
Partner
Bird & Bird
Mr. Grist specializes in IP enforcement and litigation across a range of rights including patents, trademarks,... | Read More
Mr. Grist specializes in IP enforcement and litigation across a range of rights including patents, trademarks, designs, and confidential information. He frequently handles matters before the IPEC, High Court, Court of Appeal, and CJEU, as well as in proceedings before the EUIPO/UKIPO. He advises on international customs enforcement programs and detentions. He heads the firm's International Product Design group, specializing in protecting and enforcing innovative or high tech product design and associated branding. He has extensive experience advising clients throughout the product lifecycle on many aspects of product design creation, protection, and enforcement. He also leads the firm's International Product Compliance & Liability group, guiding clients through the often complex regulatory regimes for conformity testing, marking, labeling, and market surveillance requirements for new products to be lawfully placed on the market in the EU and UK.
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Perry Saidman
Of Counsel
Saidman Design Law Group
Mr. Saidman is a pioneer in the field of design law, successfully representing clients in groundbreaking cases that... | Read More
Mr. Saidman is a pioneer in the field of design law, successfully representing clients in groundbreaking cases that have established the enforceability of design patents in court, cases such as Avia Group Int’l. v. LA Gear where the U.S. Court of Appeals for the Federal Circuit affirmed a summary judgment holding that two design patents on tennis shoes were valid and willfully infringed, entitling the design patent owner to increased damages and attorney fees. During his career Mr. Saidman has prepared, prosecuted and supervised thousands of U.S. design patents. He also has substantial experience in enforcement, having been involved in numerous design patent litigations both as counsel and as an expert witness. He has also penned many amicus curiae briefs in major cases before the Federal Circuit and Supreme Court.
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