Original Air Date 1.19.23
This
course has expired and is no-longer eligible for CLE
Conventional wisdom held that traversing
restriction requirements was rarely successful, and that the attempt did more
harm than good. But things have changed. Changes in the law of
double patenting, exhaustion, and the § 121 safe harbor have changed the economics.
Conversely, in the last few years, examiners have become much more aggressive
in restricting applications. So now, it’s important for practitioners to
know how and when to push back. First, we discuss a framework to
understand the law and how to traverse--why is it important, and what types of
traverse are effective and do no harm. Second, we discuss examples in detail to
help illustrate the broader principles. Third, the Patent and Trademark Office
(PTO) has recently rekindled interest in this topic by requesting further
comments--we discuss AIPLA's comment letter.
Presented by:
- David Boundy, Potomac Law Group PLLC
- Phil Harris, Holland & Hart
- Don Heckenberg, Venable, LLC
AIPLA is an approved provider by most jurisdictions requiring CLE. Each program requires individual jurisdiction approval, and each jurisdiction has different approval guidelines and time frames so programs may not be pre-approved for CLE. Program accreditation is sought in all attendee requested jurisdictions and may be available for up to one year after the original air date. Specialized credits (Ethics, Elimination of Bias, Diversity, Equity & Inclusion, Technology, etc.) approval varies by jurisdiction. CLE reporting and/or certificates of attendance may take up to 4 weeks for processing.
For information on CLE accreditation and processing, please contact the AIPLA CLE Department at cle@aipla.org.