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Our panel considers alternative patent prosecution paths with respect to whether and how to use expedited examination, the use of pre-appeal brief reviews, and the patent prosecution highway. The impact of Wyeth v. Kappos on the calculation of patent term extensions is also addressed. In the Patent Cooperation Treaty (PCT) area, the panel examines the pros and cons of various filing and examination strategies, including options for selection of the international searching authority and whether to amend patent claims in the PCT application based on the search report or await national stage examination. Finally, the panel touches upon inequitable conduct issues that arise in reexamination and complex patent family filings based on citation of co-pending applications and office actions from co-pending cases in the same technology area as viewed after the McKesson and Larson decisions.
This course was recorded in April 2010 at PBI`s 4th Annual Intellectual Property Law Institute. Other sessions from the IP Institute are available on PBI`s Online Campus.
