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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

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Conducted on Tuesday, January 30, 2024

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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.

Description

Most products from personal care items to appliances to printers to automobiles require replacement parts at some point. These replacement parts provide companies with an ongoing source of revenue. While utility patents provide protection for the function and structure of replacement parts, companies can and should look to design patents for protecting the appearance of their replacement parts, thereby excluding others from creating and selling a replacement part that looks substantially the same as the company's patented part.

The U.S. and Europe have wholly different treatment of design protection for replacement parts. There are certain circumstances under which design protection is prohibited for replacement parts in Europe. This is in contrast to the U.S. where there are currently very few such restrictions, although some entities have been making efforts for years to tighten those restrictions, as reflected in legislation recently introduced into Congress and ongoing litigation including an important en banc case currently before the Federal Circuit.

Other issues may arise in the U.S. around claiming replacement parts--partial designs, the title of the patent, and defining the article of manufacture for total profit damages.

Listen as our authoritative panel of patent attorneys examines the key policy and practical considerations when defining and drafting design patent claims for replacement parts. The panel will discuss the court treatment of these patents as well as the differences between U.S. and European treatment of design patents and registrations for replacement parts. The panel will offer best practices for drafting design patent claims for replacement parts and discuss recent legislation introduced in the U.S. House of Representatives.

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Outline

  1. Key considerations
  2. Drafting issues
    1. Claiming replacement parts, including partial designs
    2. Title of the patent application, including consideration of the article of manufacture
    3. Recent legislation
  3. Differences between U.S. and European treatment of design protection for replacement parts
  4. 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

Barnes, Dunstan
Dunstan Barnes, Ph.D.

Shareholder
McAndrews, Held & Malloy

Mr. Barnes practices in all areas of intellectual property law with emphasis on protecting and analyzing design rights....  |  Read More

Colantoni, Krystyna
Krystyna Colantoni

Partner, Head of Patent Prosecution
Mei & Mark

A former Patent Examiner, Ms. Colantoni focuses her practice on drafting and prosecuting patent applications, providing...  |  Read More

Sharp, Greg
Greg Sharp

Partner
Haseltine Lake Kempner

Mr. Sharp has extensive experience guiding clients through the entirety of a patent’s lifespan: from drafting and...  |  Read More

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