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    Jun

    Addressing Patent "Thickets" and "Submarine Patents" Via Continuing/Reissue Application Reforms [CC]

    4 PM EDT

    This webinar will explore two proposals for addressing the competing needs for certainty as to the scope of protection arising from an initial, nonprovisional patent filing and legitimate needs for flexibility to secure the broadest claims to which an inventor might be entitled.

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    Critics of the patent system often cite to the use of continuation patents to build "patent thickets"--and to secure "submarine patents" with ever-broader claims issuing over the entire course of the 20-year patent term. Defenders of current prosecution practices cite to the need for flexibility in claiming, particularly to address post-patent-filing developments that may define commercial embodiments, or to respond to unforeseen changes in patent law or practice.

    This webinar will explore two proposals for addressing the competing needs for certainty as to the scope of protection arising from an initial, nonprovisional patent filing and legitimate needs for flexibility to secure the broadest claims to which an inventor might be entitled. One proposal would eliminate all forms of continuing applications for patent, but do so paired with an opening of patent reissue practice that would eliminate the need for a showing of "error" and, during at least a 6-year period from the initial, nonprovisional filing date, permit both claim broadening and claim recapture. The second proposal would address "restriction" practice, by substituting a requirement for limiting each independent claim to a "single general inventive concept," in lieu of the requirement for (and any possibility for) filing divisional patent applications for claims directed to "independent and distinct" inventions.

    Event Details

    Duration

    90

    Format

    Webinar

    Date

    Jun 13, 2024

    2024-06-13T16:00:00-04:00 2024-06-13T17:30:00-04:00 Addressing Patent "Thickets" and "Submarine Patents" Via Continuing/Reissue Application Reforms [CC]

    This webinar will explore two proposals for addressing the competing needs for certainty as to the scope of protection arising from an initial, nonprovisional patent filing and legitimate needs for flexibility to secure the broadest claims to which an inventor might be entitled.

    Sponsors

    Panelists

    Moderators

    MCLE Information

    The ABA will seek 1.50 general CLE credit hours in 60-minute states, and 1.80 general CLE credit hours in 50-minute states. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.

    View - MCLE Details

    Deaf/Hard of Hearing Attendees

    CART (Communication Access Realtime Translation) service provides instant accessibility for the deaf and hard of hearing by delivering the spoken word as a realtime stream of text. CART service for this program is firewall-friendly and works in almost any network environment with Internet access, and is compatible with all major web browsers.

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