AIPLA

INDUSTRIAL DESIGN (ID) COMMITTEE

COMMITTEE GOALS AND STATUS FOR PERIOD FROM 10/2005 to 9/2006

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.

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.

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.

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.

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.

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.