Stop Copyists From Undercutting Your Innovation - Foley & Lardner ...

More documents

Recommendations

Info

Disclosure Rules for “Genetic Resources” Requires disclosure of the direct and original sources of genetic resources upon which an invention relies – Third Amendment does not define “reliance” or “genetic resources” and does not limit restriction to those in China only – Convention on Biological Diversity defines “genetic resources” to mean genetic material of actual or potential value, and “genetic material” means any material of plant, animal, microbial, or other origin containing functional units of heredity ©2009 Foley & Lardner LLP Disclosure Rules for “Genetic Resources” (cont.) Invention not patentable if genetic resource obtained illegally – Patent applicant must prove that access was lawfully obtained – Unclear what constitutes illegal acquisition and use – Failure to comply could result in denial or invalidation of patent Until uncertainty is resolved, document and disclose that any genetic resource relied upon is subject to proper access ©2009 Foley & Lardner LLP 27 28 14
Design Patent Changes Heightened patentability standards – Same absolute novelty standard applies as for invention patents – “Non-obviousness” requirement Compared with the prior design or combination of the prior design features, the design for which a patent is granted shall have distinctive features Multiple designs now allowed in one application – Two or more similar designs for the same product An offer for sale now is an infringing act ©2009 Foley & Lardner LLP Questions & Answers Kurt Kjelland Partner Foley & Lardner LLP 11250 El Camino Real Suite 200 San Diego, CA Phone: 858.847.6700 Email: kkjelland@foley.com ©2009 Foley & Lardner LLP 29 30 15
Page 1 and 2: ©2009 Foley & Lardner LLP ©2009 F
Page 3 and 4: Overview of The Third Amendment to
Page 5 and 6: Third Amendment: Article 1 “[T]hi
Page 7 and 8: Foreign Filing/Confidentiality Revi
Page 9 and 10: Regulatory Exemption For Infringeme
Page 11 and 12: Patent Co-Owners’ Rights For a c
Page 13: Inventor Remuneration Invention an
Page 17 and 18: The Dual-Track Enforcement System
Page 19 and 20: Damages Chint (China) v. Schneider
Page 21 and 22: Chint - China’s IP Wisdom? (cont.
Page 23 and 24: Doctrine of Equivalents, Claim Cons
Page 25 and 26: Dongfang v. Jinling (cont.) The Ju
Page 27 and 28: 一、中国大陆专利商标代
Page 29 and 30: 一、中国大陆专利商标代
Page 31 and 32: 二、中国大陆知识产权服
Page 33 and 34: 三、中国大陆的一些专利
Page 35 and 36: 三、中国大陆的一些专利
Page 37 and 38: 五、专利无效与侵权诉讼
Page 39 and 40: 五、专利无效与侵权诉讼

Stop Copyists From Undercutting Your Innovation - Foley & Lardner ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?