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LEGISLATIVE UPDATE

LEGISLATIVE UPDATE. 2012 – Developments in Design Legislation. Pending Design Legislation. Repair Parts – “PARTS Act” H.R. 3889 (2012) Fashion Design Sui Generis Protection H.R. 2511 (2011) S. 3523 (2012) Patent Law Treaties Implementation Act of 2012 S. 3486 (2012) H.R. 6432 (2012).

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LEGISLATIVE UPDATE

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  1. LEGISLATIVE UPDATE 2012 – Developments in Design Legislation

  2. Pending Design Legislation Repair Parts – “PARTS Act” H.R. 3889 (2012) Fashion Design Sui Generis Protection H.R. 2511 (2011) S. 3523 (2012) Patent Law Treaties Implementation Act of 2012 S. 3486 (2012) H.R. 6432 (2012)

  3. PARTS Act Full title - "Promoting Automotive Repair, Trade, and Sales Act"

  4. 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

  5. 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

  6. 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

  7. 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

  8. Sui Generis Protection for Fashion Designs H.R. 2511 – Innovative Design Protection & Piracy Prevention Act

  9. Sui Generis Protection for Fashion Designs H.R. 2511 – Innovative Design Protection & Piracy Prevention Act Protects the overall appearance of a fashion design

  10. 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

  11. 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

  12. 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

  13. 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

  14. S. 3523 – Innovative Design Protection Act How does it differ from H.R. 2511?

  15. S. 3523 – Innovative Design Protection Act How does it differ from H.R. 2511? - Differences are minimal

  16. S. 3523 – Innovative Design Protection Act How does it differ from H.R. 2511? - Differences are minimal - Introduces a 21-day notice requirement

  17. 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

  18. 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”

  19. 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

  20. S. 3486 – Patent Law Treaties Implementation Act of 2012

  21. S. 3486 – Patent Law Treaties Implementation Act of 2012 1st Bill Introduced to Implement the Geneva Act

  22. 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

  23. 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

  24. 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

  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

  26. Geneva Act of the Hague System Meetings of Experts 1992-1999

  27. Geneva Act of the Hague System Meetings of Experts 1992-1999 Finalized – July 1999

  28. Geneva Act of the Hague System Meetings of Experts 1992-1999 Finalized – July 1999 Senate Ratification – December 2007

  29. Geneva Act of the Hague System Meetings of Experts 1992-1999 Finalized – July 1999 Senate Ratification – December 2007 First Implementation Bill introduced – August 2012

  30. Sources of Law for Hague System in US Treaty Treaty Regulations Declarations from Senate Ratification Implementation Legislation USPTO Regulations (forthcoming)

  31. What Is In S. 3486?

  32. What Is In S. 3486? Bill seeks to enact two Treaties:

  33. What Is In S. 3486? Bill seeks to enact two Treaties: - Geneva Act

  34. What Is In S. 3486? Bill seeks to enact two Treaties: - Geneva Act - Patent Law Treaty

  35. What Is In S. 3486? Bill seeks to enact two Treaties: - Geneva Act - Patent Law Treaty Three Sections in Title I:

  36. 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)

  37. Sec. 101 – International Design Applications Security Review applies to Int’l Design Applications

  38. Sec. 101 – International Design Applications Security Review applies to Int’l Design Applications Director has the ability to review the filing date of International Design Applications

  39. Sec. 101 – International Design Applications Security Review applies to Int’l Design Applications Director has the ability to review the filing date of International Design Applications Withdrawn applications often will not serve as prior art in the U.S.

  40. Sec. 101 – International Design Applications Security Review applies to Int’l Design Applications Director has the ability to review the filing date of International Design Applications Withdrawn applications often will not serve as prior art in the U.S. Substantive for examination of international design applications

  41. Sec. 101 – International Design Applications Security Review applies to Int’l Design Applications Director has the ability to review the filing date of International Design Applications Withdrawn applications often will not serve as prior art in the U.S. Substantive for examination of international design applications International design applications may ultimately issue as a US Design Patent

  42. Sec. 101 – International Design Applications Security Review applies to Int’l Design Applications Director has the ability to review the filing date of International Design Applications Withdrawn applications often will not serve as prior art in the U.S. Substantive for examination of international design applications International design applications may ultimately issue as a US Design Patent

  43. Sec. 102 – Conforming Amendments Allows international applications to serve as the basis for, or receive priority from other applications

  44. 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

  45. 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

  46. 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

  47. Sec. 103 – Effective Date The Act will go into effect the later of

  48. Sec. 103 – Effective Date The Act will go into effect the later of - 1 year from enactment, or

  49. 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.

  50. 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

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