Patents and Export Control Compliance: Managing Risk and Avoiding Unintentional Violations

Minimizing Export Control Liability in Patent Application Preparation, Development and Analysis of Innovation, and Licensing

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, August 3, 2017

Recorded event now available

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Program Materials

This CLE webinar will provide guidance for patent counsel on navigating the intersection of patents and export control laws. The panel will examine the challenges facing patent owners, when and where export control issues arise, and licensing issues. The panel will offer best practices for complying with export control laws.

Description

Running afoul of export control laws is surprisingly easy. If an American inventor in his Chicago lab hands data related to a patent application to a visiting Chinese scientist, this may be deemed an export. Likewise, distributing or outsourcing information by email, surface mail or the cloud accessible outside the U.S. for patent application preparation purposes may be an export.

Many U.S. companies fail to realize that some commercial technologies are subject to the International Trafficking in Arms Regulations (ITAR) or the Export Administration Regulations (EAR) as defense technologies. ITAR or EAR may goven sharing technical data and information in a patent application.

Violations of export control laws, even inadvertently, exposes parties to stiff penalties and denial of export privileges, among other things. It is important for patent counsel to understand the intersection between patent and export controls to avoid any unintentional export violations.

Listen as our authoritative panel of patent and international trade attorneys provides an overview of export control laws and the challenges that patent owners face. The panel will discuss when and where export control issues arise, licensing issues, and will offer best practices for compliance with export control laws.

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Outline

  1. Overview of export control laws
    1. ITAR and technologies regulated under ITAR
    2. EAR and technologies regulated under EAR
  2. Challenges patent owners face
  3. When and where export control issues arise
    1. Employment or interaction with foreign nationals in the U.S. and abroad to develop/analyze technological innovation
    2. Patent licensing
    3. Cloud storage
  4. Licensing issues
  5. Best practices for compliance with export control laws

Benefits

The panel will review these and other key issues:

  • What export control compliance challenges do patent owners and applicants face?
  • When do export violations arise in the patent context?
  • What are the best practices for counsel to patent owners for compliance with ITAR and EAR requirements?

Faculty

David G. Henry, JD
David G. Henry, JD

Member
Gray Reed & McGraw

Mr. Henry focuses his practice on patent litigation prosecution and defense; patent and trademark strategic planning,...  |  Read More

Edward J. Radlo
Edward J. Radlo

Patent Attorney
Radlo IP Law Group

Mr. Radlo is a highly experienced patent attorney who represents many prominent corporations and universities. He...  |  Read More

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