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.

General Information 

Where?

Lectures will be held at the Archer Hotel in the Mosaic District of Falls Church, Virginia, in the metropolitan Washington, DC area.

What time?

Classes generally run from 9:30 am to 4:00 pm daily. Detailed class schedules will be issued prior to the start of the seminar.

What else do we do?

In addition to the lectures, we offer planned social activities which give participants the chance to interact with other participants. These activities are at no extra cost, and include at least an opening “getting to know you” reception, a two-day trip outside of the Washington, DC area and a closing banquet.

When should I register?

Registration opens January 2025, and should be submitted by April 25, 2025.

How much does it cost?

The fee for the 2025 Summer Patent Seminar is $3,750 USD. Discounts for In-House Counsel and students are available. The seminar fee includes the lecture materials, out-of-town trip, and most social events (an additional fee may be required for any accompanying guests to attend certain social events). Payment is accepted in the form of wire transfer, check, or credit card. If participant chooses to pay using a non-US credit card there will be a $300+ transaction fee added to final bill.

Where do I stay?

BSKB will arrange a group rate for participants at the Archer Hotel. Upon registering for the seminar you will receive additional reservation information. You may also choose to stay at any hotel of your preference. See the "hotel" tab above for more options. 

Please contact clientrelations@bskb.com with any questions.