By David M. Longo Ph.D.
| February 10, 2014
On February 6, 2014, the USPTO published in 79 FR 7971

  1. a notice that it will be hosting a roundtable event on March 5, 2014, from 1:00 p.m. to 4:00 p.m.; and
  2. a request for written comments on the following topics for discussion at the roundtable event.  Registration is required to attend in-person or by webcast.  Requests for participation as a speaker must be made in writing by February 14, 2014.  The USPTO has also published additional information on its website.
The topics for written comments and discussion at the roundtable event include:


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By Marc Albert Robinson
| February 4, 2014
As previously reported, on November 29, 2013, 78 FR 71869 was published as a proposed rule to implement the Hague Agreement. 

On February 4, 2014, the Intellectual Property Owners Association (IPO) submitted comments on the proposed Hague rules.


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By Anne-Raphaelle Aubry
| January 10, 2014
In 2011, Pacific Coast Marine Windshields Limited (Pacific Coast) brought suit (No. 12-CV-0033) against Malibu Boats, LLC (Malibu) in the Middle District of Florida, alleging infringement of U.S. Patent No. D555,070. The District Court held that Pacific Coast was barred from alleging infringement due to prosecution history estoppel, and Pacific Coast appealed. 

On January 8, 2014, the Federal Circuit held that “the principles of prosecution history estoppel apply to design patents” but reversed the district court’s summary judgment of non-infringement because “the accused infringing design was not within the scope of the subject matter surrendered during prosecution.”


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By Patrick Miller
| January 8, 2014
From December 19th-20th, 2013, the U.S. and China conducted the 24th U.S.-China Joint Commission on Commerce and Trade (JCCT) in Beijing, China.  One notable outcome from the meetings was that China agreed to increase its efforts “to advance innovation in the fast growing information and communications technologies sector by publishing draft Guidelines for public comment to extend design-patent protection to graphical user interfaces.”

Presently, China does not afford design patent protection for Graphical User Interfaces (GUIs) or computer-generated icons.  However, on October 22, 2013, the State Intellectual Property Office of the People’s Republic of China (SIPO) released a draft amended version of the Examination Guidelines for public opinion.  Thus, it is likely that design patent protection for GUIs and computer-generated icons will finally be available in China in 2014.


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By Marc Albert Robinson
| December 20, 2013
The Patent Law Treaties Implementation Act of 2012 has resulted in new rules being proposed for implementing the Act. 

On October 21, 2013, 78 FR 62367 was published as a final rule to implement the Patent Law Treaty, which generally does not affect design patents, but does provide restoring the right of priority after the 6-month period to claim priority, within 2 months from the expiration of the 6-month period and upon grant of a petition that shows the delay was unintentional.


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