Fall 2012 Course Highlight – Crafting & Drafting Winning Patents
August 29, 2012 by jmornini
Registration is open for the Fall 2012 Advanced Courses Conference from October 17-23, 2012 at the Hyatt Regency Indian Wells Resort & Spa (formerly the Hyatt Grand Champions Resort, Villas & Spa) in Indian Wells, California. We’ve already looked at one key course on the America Invents Act that will be held at the Fall 2012 Advanced Courses Conference, and we’ve also highlighted other popular courses that will be held this fall:
Through today’s highlighted course, learn the areas of chaos in Federal Circuit jurisprudence of primary concern to practitioners who prepare and prosecute patents.
Course Details – Crafting and Drafting Winning Patents
- Dates: October 21-23, 2012
- Projected CLE: 15.0 hours
- Projected Ethics Credit: 1.0 hours
- Instructors: Dale Lazar, John Tsavaris, and Paul Ulrich.
- Course Times: 8:15-11:30; 1:30-4:45 (Sun-Mon); 8:15-11:30 (Tues)
Why Should You Take This Course?
The course will focus on a series of cases where the patent owner lost, not because of what the litigators did, but because of how the patent practitioners drafted and prosecuted the application. Compounding the problem is the time pressure created by moving to a first-inventor-to-file system under the recently enacted America Invents Act (“AIA”) and the anticipated increase in the filings of provisional applications — with their many traps for the unwary. The course will teach you how to write provisional applications and draft and prosecute nonprovisional patent applications to avoid these pitfalls.
This Crafting & Drafting course marches to a special drummer and focuses on the end result – producing a “winning patent” that will be held literally infringed and not invalid under §112, para. 1 despite the time pressure created by moving to a first-inventor-to-file system under the AIA.
Crafting & Drafting Winning Patents was designed and created by PRG’s Professors Paul Gardner and Irving Kayton and enriched by the PRG course faculty. This course distills everything from the law (and dicta) of the Federal Circuit and its predecessor courts that has a material bearing now, today, and in the foreseeable future, on how we must successfully:
- Prepare for drafting the application;
- Design what must be included in, and excluded from, the provisional application and the nonprovisional application specification and drawings and, very importantly, in what form and format it should be included;
- Engage in claim drafting strategy designed to result in literal infringement, recognizing that this strategy must be taken into account as a principal factor in the earlier design of the specification;
- Develop a protocol and a philosophy for prosecuting the application that advance and do not defeat the efforts in (1) through (3); and
- Balance the accomplishments of (1) through (4) against, first, increased costs of crafting and drafting that sometimes accrue, second, their effect on the length of the patent term that will result, and third, the time pressure created by moving to a first-inventor-to-file system under the AIA.
Crafting & Drafting will almost certainly effect a change in your patent law life, because the Federal Circuit has effectively (albeit unwittingly) dictated that it be so. It is noteworthy that many hundreds of patents have already issued using the Crafting & Drafting techniques set forth in this course (several of which will be reviewed) with beneficial effect in license and litigation negotiations.
Legal ethics issues — including the recent Therasense decision and its profound changes to the law of inequitable conduct and duty of disclosure — will be covered from 9:15-10:15 a.m. on the last day of the course.
Who Should Take This Course?
This course is for patent practitioners with a minimum of two years of practice, and preferably more. It is sufficiently sophisticated for even the most experienced. The faculty knows this to be true because the problems and solutions about which they conferred and debated in bringing this course to fruition plumbed the depths of their combined patent law knowledge, experience and ongoing research and scholarship.
A comprehensive, one-volume course Textbook, entitled Crafting & Drafting Winning Patents, and a bound set of lecture slides, are definitive on the subject and will be given to registrants at the course. The Textbook and slides are constantly updated and revised to include recent decisions and changes in the law – including the applicable provisions of AIA.
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