New Supplemental Examination: USPTO Outlines New Rules
Navigating the New Mechanism to Cure Inequitable Conduct
USPTO releases game-changing rules on Jan. 24
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide guidance for counsel to IP owners and inventors on the supplemental examination process under the new America Invents Law. The panel will review the mechanics of the procedure and outline approaches to handle the ethical risks presented by the process.
- Supplemental examination
- Therasense “but for materiality”
- Considerations in selecting supplemental examination
- Ongoing rulemaking considerations
- Potential ethics-related implications of supplemental examination and open questions
- Governing candor obligations
- Candor-violation consequences
- Potential conflict-of-interest considerations
- Inequitable conduct-related implications
The panel will review these and other key questions:
- What are the mechanics of using the supplemental examination process?
- What are the primary factors for deciding whether to use supplemental examination to consider, reconsider, or correct information relevant to a patent?
- What are the ethical risks that can arise in the supplemental examination process—and how can counsel avoid ethics violations?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Scott A. McKeown
Oblon Spivak McClelland Maier & Neustadt
Mr. McKeown focuses on post-grant counseling, litigation and related prosecution issues. He leads the... | Read More
Mr. McKeown focuses on post-grant counseling, litigation and related prosecution issues. He leads the Reexamination/Reissue team responsible for electronics, wireless communications, software and computer-related inventions and business methods. He handles post-issuance proceedings at the USPTO including reissue applications, ex parte and inter partes reexamination proceedings and appeals to the BPAI.Close
Lisa A. Dolak
Angela S. Cooney Professor of Law
Syracuse University College of Law
Her research interests include issues at the intersections of patent law and judicial procedure, patent law and the... | Read More
Her research interests include issues at the intersections of patent law and judicial procedure, patent law and the media, and patent law and legal ethics. Her research projects focus on media coverage of the U.S. patent system, the effects of the evolving inequitable conduct doctrine on the practice of patent law, and a reconsidered theory of subject matter conflicts.Close