By Anne-Raphaelle Aubry
| June 10, 2013
On May 23, 2013, the IPO held a webinar on its IP Chat Channel called "Design Patent Prosecution: Advanced Topics," hosted by Pamela Sherrid.

Katie Maksym, design patent manager for Nike, Inc. first presented "Best Practice Tips from the Field of Play." Ms. Maksym highlighted the role of infringement awareness as a source of information to draft claims.

Christopher V. Carani, Esq., partner at McAndrew, Held & Malloy, Ltd. presented "‘Design Patent Prosecution: Advanced Topics," covering prosecution techniques.  Mr. Carani discussed including line representations with broken or indeterminate break lines, a well as the advantages and disadvantages of filing multiple applications, continuations, and one application with multiple embodiments.

Joel Sincavage, supervisory design patent examiner at the USPTO, and Teaching Quality Assurance specialist, presented "Written Description Requirement in Designs." In reference to concerns expressed by practitioners at Design Day 2013, Mr. Sincavage indicated that the USPTO was currently making arrangements for a town hall or roundtable type meeting to discuss the written description requirement.

In re Owens, 710 F.3d 1362 (Fed Circ 2013) and Munchkin, Inc. v. Luv N’ Care, Ltd, Case IPR 2013 -0082 (USPTO 2013) were discussed by both Mr. Carani and Mr. Sincavage.

A Q&A session followed the presentations.

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