AIPLA
INDUSTRIAL DESIGN (ID) COMMITTEE
COMMITTEE GOALS AND STATUS FOR PERIOD FROM 10/2005 to 9/2006
I. Participation
It continues to be a goal of
this Committee to grow its membership by soliciting members both active
and interested in design patent prosecution and litigation to join. We
are doing this by continuing to offer timely and relevant programming.
II. Advocacy
It continues to be a goal of
this Committee to interact with its members to permit them to voice
proposed changes to improve the design patent laws, and to discuss and
attempt to implement such changes. Currently, issues relating to the
Hague Agreement, changes in USPTO design fees and the quality of printed
design patents are specific advocacy issues on the table. A discussion
of a possible AIPLA resolution on ratification of the Hague Agreement
will be a part of our meeting in October.
We will continue to monitor the
status of design cases on appeal to both the Federal Circuit and
Supreme Court and bring cases to the committee members and the Amicus
Brief Committee if appropriate.
The design group of the USPTO
and the AIPLA has had a strong relationship in the past. It has been a
mutually beneficial relationship where the USPTO and the AIPLA members
have been able to work together to improve the design patent system. It
will be a goal of this committee to continue to grow this relationship
to effect improvements to the U.S. design patent system. With this in
mind, we are working on plans to participate in an “open house” type
event at the USPTO devoted to the topic of improving the processing of
design applications both pre and post notice of allowance.
III. Communication
It will continue to be a goal
of this Committee to significantly improve the ID Committee’s web page
by including meaningful and timely content.
IV. Education
The design laws, rules, and
practices around the world continue to change. Attorneys who do not
constantly monitor these changes may not be providing the best possible
advice and services to their clients. With this in mind, our primary
goal is to continue to provide educational opportunities to keep
committee members abreast of the latest changes in industrial designs
practice and laws through ID committee meetings and in plenary sessions.
With this in mind, we will be holding a one-hour CLE on the
application of Markman to claim interpretation in design patent
litigation
It continues to be a goal of
this committee to keep its members updated with significant U.S. case
law developments throughout the year. We have also added recently
decided cases to our website.
Geneva Act of the Hague Agreement
If the U.S. becomes an active
member of the Hague Agreement, the USPTO will likely be changing some of
its procedures to comply with member requirements, and US applicants
will be able to use the Hague Agreement as a tool to aid in obtaining
protection in foreign countries similar to how the PCT works with
utility patent applications. It will be a goal of this committee to
continue to keep its members updated with changes on both fronts due to
this Agreement, throughout the year.
Foreign Design Laws
For harmonization purposes,
many foreign countries have been changing their design laws and rules.
Europe is one example which has made enormous changes in establishing a
European registered and unregistered design right. It will continue to
be a goal of this committee to keep its members updated with changes in
Europe and other foreign countries. It is also a goal to continue to
provide education on any significant design law changes/updates in
Canada, Mexico, and in Asian countries. With this in mind, at the
Annual meeting, we will be holding a joint meeting with several other
AIPLA committees on Industrial Design protection in Europe and the Far
East.