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LEGISLATIVE UPDATELEGISLATIVE UPDATE
2012 – Developments in Design Legislation2012 – Developments in Design Legislation
Pending Design Legislation
Repair Parts – “PARTS Act”H.R. 3889 (2012)
Fashion Design Sui Generis ProtectionH.R. 2511 (2011)S. 3523 (2012)
Patent Law Treaties Implementation Act of 2012S. 3486 (2012)H.R. 6432 (2012)
PARTS Act
Full title - "Promoting Automotive Repair, Trade, and Sales Act"
PARTS Act
Full title - "Promoting Automotive Repair, Trade, and Sales Act"
Generally seeks to limit design patent protection for parts used to repair motor vehicles, by eliminating infringement for
PARTS Act
Full title - "Promoting Automotive Repair, Trade, and Sales Act"
Generally seeks to limit design patent protection for parts used to repair motor vehicles, by eliminating infringement for
1) non-OEM manufacturer’s development of parts
PARTS Act
Full title - "Promoting Automotive Repair, Trade, and Sales Act"
Generally seeks to limit design patent protection for parts used to repair motor vehicles, by eliminating infringement for
1) non-OEM manufacturer’s development of parts 2) selling/using parts after 30 mos. from 1st sale offer
PARTS Act
Full title - "Promoting Automotive Repair, Trade, and Sales Act"
Generally seeks to limit design patent protection for parts used to repair motor vehicles, by eliminating infringement for
1) non-OEM manufacturer’s development of parts 2) selling/using parts after 30 mos. from 1st sale offer
Hearing before Judiciary Committee in August; bill is still in Committee
Sui Generis Protection for Fashion Designs
H.R. 2511 – Innovative Design Protection & Piracy Prevention Act
Sui Generis Protection for Fashion Designs
H.R. 2511 – Innovative Design Protection & Piracy Prevention Act
Protects the overall appearance of a fashion design
Sui Generis Protection for Fashion Designs
H.R. 2511 – Innovative Design Protection & Piracy Prevention Act
Protects the overall appearance of a fashion design
3 year term of protection
Sui Generis Protection for Fashion Designs
H.R. 2511 – Innovative Design Protection & Piracy Prevention Act
Protects the overall appearance of a fashion design
3 year term of protection
Heightened pleading standard
Sui Generis Protection for Fashion Designs
H.R. 2511 – Innovative Design Protection & Piracy Prevention Act
Protects the overall appearance of a fashion design
3 year term of protection
Heightened pleading standard
Recovery requires notice and knowledge
Sui Generis Protection for Fashion Designs
H.R. 2511 – Innovative Design Protection & Piracy Prevention Act
Protects the overall appearance of a fashion design
3 year term of protection
Heightened pleading standard
Recovery requires notice and knowledge
Remedies
S. 3523 – Innovative Design Protection Act
How does it differ from H.R. 2511?
S. 3523 – Innovative Design Protection Act
How does it differ from H.R. 2511?
- Differences are minimal
S. 3523 – Innovative Design Protection Act
How does it differ from H.R. 2511?
- Differences are minimal
- Introduces a 21-day notice requirement
S. 3523 – Innovative Design Protection Act
How does it differ from H.R. 2511?
- Differences are minimal
- Introduces a 21-day notice requirement
- Written Notice
S. 3523 – Innovative Design Protection Act
How does it differ from H.R. 2511?
- Differences are minimal
- Introduces a 21-day notice requirement
- Written Notice that “specifies how the allegedly infringing design infringed upon the protected design”
S. 3523 – Innovative Design Protection Act
How does it differ from H.R. 2511?
- Differences are minimal
- Introduces a 21-day notice requirement
- Written Notice that “specifies how the allegedly infringing design infringed upon the protected design”
Bill was passed by the Senate Judiciary Committee, but not yet by the full Senate
S. 3486 – Patent Law Treaties Implementation Act of 2012
S. 3486 – Patent Law Treaties Implementation Act of 2012
1st Bill Introduced to Implement the Geneva Act
S. 3486 – Patent Law Treaties Implementation Act of 2012
1st Bill Introduced to Implement the Geneva Act
Based on previous legislative recommendations from the USPTO and Dept of Commerce
S. 3486 – Patent Law Treaties Implementation Act of 2012
1st Bill Introduced to Implement the Geneva Act
Based on previous legislative recommendations from the USPTO and Dept of Commerce
Implements the Geneva Act within the post-America Invents Act Scheme
S. 3486 – Patent Law Treaties Implementation Act of 2012
1st Bill Introduced to Implement the Geneva Act
Based on previous legislative recommendations from the USPTO and Dept of Commerce
Implements the Geneva Act within the post-America Invents Act Scheme
Full Senate has passed the bill; sent to House
House bill is identical to Senate Bill
2006-06-01 25
S. 3486 – Patent Law Treaties Implementation Act of 2012
1st Bill Introduced to Implement the Geneva Act
Based on previous legislative recommendations from the USPTO and Dept of Commerce
Implements the Geneva Act within the post-America Invents Act Scheme
House bill is identical to Senate Bill
Geneva Act of the Hague System
Meetings of Experts 1992-1999
Geneva Act of the Hague System
Meetings of Experts 1992-1999
Finalized – July 1999
Geneva Act of the Hague System
Meetings of Experts 1992-1999
Finalized – July 1999
Senate Ratification – December 2007
Geneva Act of the Hague System
Meetings of Experts 1992-1999
Finalized – July 1999
Senate Ratification – December 2007
First Implementation Bill introduced – August 2012
Sources of Law for Hague System in US
Treaty
Treaty Regulations
Declarations from Senate Ratification
Implementation Legislation
USPTO Regulations (forthcoming)
What Is In S. 3486?
What Is In S. 3486?
Bill seeks to enact two Treaties:
What Is In S. 3486?
Bill seeks to enact two Treaties:- Geneva Act
What Is In S. 3486?
Bill seeks to enact two Treaties:- Geneva Act- Patent Law Treaty
What Is In S. 3486?
Bill seeks to enact two Treaties:- Geneva Act- Patent Law Treaty
Three Sections in Title I:
What Is In S. 3486?
Bill seeks to enact two Treaties:- Geneva Act- Patent Law Treaty
Three Sections in Title I:- International Design Applications (Sec. 101)- Conforming Amendments (Sec. 102)- Effective Date (Sec. 103)
Sec. 101 – International Design Applications
Security Review applies to Int’l Design Applications
Sec. 101 – International Design Applications
Security Review applies to Int’l Design ApplicationsDirector has the ability to review the filing date of
International Design Applications
Sec. 101 – International Design Applications
Security Review applies to Int’l Design ApplicationsDirector has the ability to review the filing date of
International Design ApplicationsWithdrawn applications often will not serve as prior art
in the U.S.
Sec. 101 – International Design Applications
Security Review applies to Int’l Design ApplicationsDirector has the ability to review the filing date of
International Design ApplicationsWithdrawn applications often will not serve as prior art
in the U.S.Substantive for examination of international design
applications
Sec. 101 – International Design Applications
Security Review applies to Int’l Design ApplicationsDirector has the ability to review the filing date of
International Design ApplicationsWithdrawn applications often will not serve as prior art
in the U.S.Substantive for examination of international design
applicationsInternational design applications may ultimately issue
as a US Design Patent
Sec. 101 – International Design Applications
Security Review applies to Int’l Design ApplicationsDirector has the ability to review the filing date of
International Design ApplicationsWithdrawn applications often will not serve as prior art
in the U.S.Substantive for examination of international design
applicationsInternational design applications may ultimately issue
as a US Design Patent
Sec. 102 – Conforming Amendments
Allows international applications to serve as the basis for, or receive priority from other applications
Sec. 102 – Conforming Amendments
Allows international applications to serve as the basis for, or receive priority from other applications
Prevents provisional applications from receiving priority from International Design applications
Sec. 102 – Conforming Amendments
Allows international applications to serve as the basis for, or receive priority from other applications
Prevents provisional applications from receiving priority from International Design applications
Changes the term of all US Design Patents from 14 years to 15 years
Sec. 102 – Conforming Amendments
Allows international applications to serve as the basis for, or receive priority from other applications
Prevents provisional applications from receiving priority from International Design applications
Changes the term of all US Design Patents from 14 years to 15 years
Grants provisional rights for published International Design Applications
Sec. 103 – Effective Date
The Act will go into effect the later of
Sec. 103 – Effective Date
The Act will go into effect the later of - 1 year from enactment, or
Sec. 103 – Effective Date
The Act will go into effect the later of - 1 year from enactment, or - The date of into force of the treaty.
Sec. 103 – Effective Date
The Act will go into effect the later of - 1 year from enactment, or - The date of into force of the treaty.
The provisions of Ch. 38 only pertain to applications filed on or after effective date
Departing Thoughts
Departing Thoughts
After so long, it’s finally here.
Departing Thoughts
After so long, it’s finally here.
Both House and Senate bills have bi-partisan support.
Departing Thoughts
After so long, it’s finally here.
Both House and Senate bills have bi-partisan support.
Statute and Treaty leave important aspects of the application process up to the USPTO, so rule-making process will be key.
FAQ's re Geneva Act Implementation
How much will filing cost?
FAQ's re Geneva Act Implementation
How much will filing cost?
12 month automatic issuance
FAQ's re Geneva Act Implementation
How much will filing cost?
12 month automatic issuance
How will US applicants be able to access the System?
FAQ's re Geneva Act Implementation
How much will filing cost?
12 month automatic issuance
How will US applicants be able to access the System?
Where will they be able to gain protection?
THANK YOU