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Patent Law Committee

Looking for volunteers to participate in our subcommittees. If you are interested in joining one of the subcommittees or have an idea for a topic of interest, please contact Sarah Knight and Theresa Stadheim.

The Patent Law committee provides an open community for the exchange of ideas and concerns on U.S. patent law and underlying policy, disseminates information on recent developments in patent law, develops educational programming on patent law for the membership and policy leaders, assists other committees with developing educational and other programming, identifies to the membership and AIPLA important issues of patent law, and assists with developing positions on issues of patent law to be advocated by the AIPLA. The committee will do so without regard to any particular technology.

Goals:

Encourage members to get involved, identify issues that need attention and/or potential change.

• Schedule regular PLC leadership calls.

• Be inclusive.

• Identify and prepare issues/resolutions for AIPLA Board Consideration

The Patent Law Committee coordinates activities with the Patent-Relations With The USPTO Committee, the USPTO Inter Partes Patent Proceedings Committee, and the Patent Cooperation Treaty Issues Committee.​

 


 


 

 Committee Announcements

 
  
Announcement Description
  

The Patent Law Committee, through the hard work of our Mechanical Practice Subcommittee - chaired by Lisa Adams and Mitch Weinstein, is pleased to announce that AIPLA will co-host our third annual TC 3600 & 3700 Customer Partnership Meeting at the Madison Auditorium of the USPTO in Alexandria, VA on Wednesday, May 2, 2018.

The United States Patent and Trademark Office (USPTO) periodically hosts Customer Partnership Meetings to bring industry stakeholders, patent managers, and examiners together to share ideas, experiences, and insights on best practices in advancing prosecution. This year's partnership will be sponsored by Technology Centers 3600 and 3700 and in conjunction with AIPLA and will provide a forum for discussion on how the agency can improve and expand its relationship with members of all facets of the mechanical technologies community including medical devices, gaming, and transportation, to name just a few.

You have been recognized, by your interest or participation in previous events, for invitation for participation in this year's annual Customer Partnership Meeting.

 

The next TC3600/TC3700 Customer Partnership Meeting is scheduled for

Wednesday, May 2, 2018

8:30 AM to 5:00 PM

Madison Auditorium.

600 Dulany Street

Alexandria, VA 22313

 

While a formal agenda is forthcoming, focus for the Customer Partnership meeting will include:

Prosecuting Patents to Withstand Validity Challenges

  • Current Climate Driving Patent Prosecution Practices
  • How are patents invalidated?
  • Strategies in Identifying Prior Art with both USPTO and EPO Perspectives
  • Claim Interpretation
  • Anticipation/Obviousness
  • AIA Problems and Improvements

 

  You are cordially invited to register for this year's event by clicking the link below

 

https://www.surveymonkey.com/r/TC36003700Partnership

 

The registration period for this event closes on April 20, 2018. 

 

For more information, please visit our website at https://www.uspto.gov/about-us/events/uspto-technology-centers-3600-and-3700-customer-partnership-meeting

 

Thank You!  We look forward to hearing from you.

 

The TC3600/TC3700 Customer Partnership Team

  

The Winter 2018 Pate​nt Law Committee Newsletter has been published. Download it here -> Winter 2018 PLC Newsletter.

  

The Patent Exhaustion Subcommittee has published a "Lexmark" Newsletter. Please check it out from the Patent Exhaustion Subcommittee Site.

  

The Patent Exhaustion Subcommittee has published a Patent Exhaustion Condensed Law Summary. Please check it out from the Patent Exhaustion Subcommittee Site.

  

​The Patent Exhaustion Subcommittee has published a Patent Exhaustion FAQ. Please check it out from the Patent Exhaustion Subcommittee Site.

  

The Fall 2016 has been published Patent Law Commitee Newsletter.  Download it here ->​Fall 2016 AIPLA PLC Newsletter FINAL2.pdfFall 2016 AIPLA PLC Newsletter FINAL2.pdf

  

This subcommittee will provide a forum for discussion and review of developments relating to ex-parte proceedings before the PTAB and to propose changes in the rules and practice for ex-parte proceedings.  In particular, the PTAB Subcommittee will:
•    Monitor ex-parte decisions of the PTAB and Federal Circuit decisions on appeals of ex-parte proceedings, and summarize significant decisions
•    Analyze statistics relating to PTAB ex-parte decisions, such as percentage of all rulings in favor of the applicant, percentage of rulings in favor of the applicant on particular grounds, tendencies of particular judges, and trends in statistics over time; we will be looking for statistics that can provide practical information for practitioners
•    Assess rules or practices that potentially should be changed, and formally propose or suggest changes where there is a consensus for change; one area of initial interest is the process with pre-appeal briefs, where there is a sense that the brief is not meaningfully considered or prosecution just gets re-opened
•    Discuss “open issues” for which there is not clear precedent; this may arise, for example, from changes in the law (such as because of the AIA changes), from Federal Circuit decisions that do not fully address an issue, from conflicting decisions within the Board, or because old precedents may not be consistent with more recent trends
•    Pursue other topics of interest to the Subcommittee

We plan periodically to lead a Committee-wide teleconference discussing an important decision, interesting statistics, or open issues. 
We are seeking volunteers to assist with these activities and to lead the discussions.  If you are interested in the Subcommittee or learning more about it, please contact the PTAB Subcommittee Chair Don Steinberg, don.steinberg@wilmerhale.com  (and please copy our Committee Chair, Paul Kitch, pkitch@nixonpeabody.com, and Vice Chair, Sarah Knight, sknight@talemip.com, on any email correspondence), or connect with Don at the AIPLA Spring Meeting.  We hope to see many of you at the meeting.

We are planning a Subcommittee kick-off call on Thursday, May 26, at 4:00 ET.
For our first presentation, we plan to lead a discussion of a significant PTAB or Federal Circuit decision in September 2016, following summer vacations.  We will look initially to those monitoring the decisions to lead the discussion.  In order to lead a discussion by the end of the summer, we hope to identify a particular decision during the first half of the summer.

  
 

 Committee Calendar

 
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