Who Should Attend?

  • In-house counsel, technical advisors, and IP coordinators looking for a comprehensive overview of U.S. patent practice
  • Patent attorneys and agents from abroad who are interested in developing a thorough understanding of U.S. patent practice

For almost 40 years, BSKB has been providing participants of our summer seminar with a comprehensive overview of U.S. patent law. The Summer Patent Seminar (SPS) focuses primarily on the practical problems encountered in obtaining valid and enforceable U.S. patents, as well as enforcement of patent rights after grant. The seminar encompasses lectures provided by experienced practitioners who encourage questions and discussions in the class. 

Registration for this seminar will also register you for the two-day Post Grant Bootcamp on June 29-30, 2023, at no additional charge..

General Information 

Lectures are held at the Falls Church, Virginia offices of BSKB, in the metropolitan Washington, DC area. Classes generally run from 9:30am to 4:00pm daily. Detailed class schedules will be issued prior to the start of the seminar. Planned social activities give participants the chance to interact with other participants. These activities include at least an opening “getting to know you” reception, a two day trip outside of the Washington, DC area and a closing banquet.

Registrations are due by April 28, 2023. The fee for the 2023 Summer Patent Seminar is $3,000. Discounts for In-House Counsel are available. This fee includes attendance to the Post Grant Bootcamp in June 29-30, 2023. Payment is accepted in the form of wire transfer or check. If participant chooses to pay using a non-US credit card there will be a $300 transaction fee added to final bill. Seminar fee includes the lecture materials, out-of-town trip, and most social events (an additional fee may be required for accompanying guests to attend certain social events). BSKB has arranged a group rate for participants at a hotel within walking distance of our offices. Upon registering for the seminar, you will receive further information on housing options.

Please contact us at clientrelations@bskb.com with any questions.

Topics Covered

Filing and Prosecuting Patent Applications Strategies, formal requirements and timelines for filing and prosecuting patent applications in the U.S. Patent and Trademark Office (USPTO). Statutory Subject Matter The various types of inventions that can and cannot be protected by United States patents, with an introduction to issues unique to computer, Internet, business method, biotechnology, design and plant patents. Prior Art and Obviousness Detailed discussion of prior art under the various sections of 35 U.S.C. § 102, as well as the types of prior art that can be used in making obviousness rejections. Practical suggestions will be given concerning how to overcome prior art rejections. Duty of Disclosure The duty of disclosure requirements and consequences of failing to comply with this duty. Practical suggestions will be given and detailed procedural requirements will be explained.

 

Benefit of Earlier Filed Applications/Continuing Patent Application Filing Strategies Discussion of use of foreign, U.S. provisional, PCT, continuation, divisional and Continuation-In-Part (CIP) applications. Post Grant Patent Procedures Discussion of strategies used by patent owners and competitors to strengthen, modify or attack granted patents in proceedings before the USPTO. These proceedings include ex parte reexamination, reissue patent applications, post-grant review, inter partes review and supplemental examination, as well as other useful proceedings and strategies. Literal Patent Claim Scope Interpretation and Infringement Examination of the tools used to interpret the literal scope of a patent claim based on the most relevant U.S. court decisions. Addresses claim interpretation and literal infringement and gives special consideration to “product-by-process” and “means-plus-function” claim language.

 

Doctrine of Equivalents and Prosecution History Estoppel Analysis of the “doctrine of equivalents” under U.S. case law, including its potential benefit to patent claim scope. Includes discussion of limitations on this doctrine, including “prosecution history estoppel” and the “all elements rule.” Litigation Issues Examination of various strategies involved in litigation before a U.S. court from the perspective of both a patent owner and competitor. Pre-litigation strategies, such as sending or responding to a “warning letter” and “discovery,” trial procedures and remedies, such as infringement damages and injunctions, are addressed.