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Survey Name:Input on Proposed AIPLA Comments to SIPOGuidelines
Survey Description:Would you please complete this short survey to provide input to AIPLA on its short-notice request for comment on proposed SIPO Examination Guidelines? Your responses are anonymous. For text responses, you have 20 lines of enhanced rich text (Rich text with pictures, tables, and hyperlinks.) If you would like to provide any additional or other input, please email same to Garfield Goodrum and Margaret Polson. Thanks for your input!! Following is our 3/7/13 initial response to the request: The Industrial Designs Committee has not come to a consensus on the draft AIPLA Comments to the SIPO Examination Guidelines. The Committee is concerned that AIPLA comments to SIPO on design patents without the Committee’s meaningful input would not aid SIPO and could misrepresent the actual views of AIPLA members. As of today, we have polled the Committee re the Guidelines, but have not yet received a full response. Those responding, including current and former chairs and vice-chairs, specifically note that examination versus registration is a complicated question, which we don’t think has been fully addressed before, and that there are advantages and disadvantages. On the one hand, examination systems are very expensive for claimants and create differences in scope from varying national standards for obviousness, a fraught analysis for designs. On the other hand, while inexpensive, registration systems can be fraught as well, e.g., where a lot gets registered that’s clearly invalid. Mixed systems, like Australia, were specifically mentioned as desirable, where it’s registration, but to enforce, the claimant must request exam, which can be done at any time during the life of the patent. The Industrial Designs Committee has not directly considered these complicated questions before, and so making quick comment on the SIPO Guidelines is very difficult.
Time Created:3/8/2013 12:55 AM
Number of Responses:22
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