US-Patent Law

Online | Mittwoch, 17. November 2027, 15:00 Uhr bis Mittwoch, 01. Dezember 2027, 18:00 Uhr (5 Vortragsstunden)
Veranstaltungs-Nr. 61560-27

The seminar is aimed at all IP practitioners and business leaders involved in managing, acquiring, maintaining and exploiting their clients' or their company's intellectual property.

Everything you always wanted to know about the US patent system but never knew to ask: a practical guide for EP practitioners to overcome the key challenges of the US patent system.

This seminar will be conducted in English.

Session 1 (November 17, 2027): The US patent system for EP practitioners
The first session maps the structural differences between the EPC system and the US patent system that make US practice a different discipline rather than a translation exercise. Using a single worked invention carried from first draft through prosecution, we examine the absence of the technical problem as an organizing principle, eligibility under 35 U.S.C. § 101 against Art. 53 EPC, written description and definiteness against clarity and added matter, and the unified § 102/§ 103 prior-art framework against the problem-solution approach. We compare parallel office actions and applicant responses in both systems, walk through the US prosecution path including restriction practice, examiner interviews, the duty of candor, and final actions, and close with a dual-system drafting method built on structure, function, and effect. The goal is a record that satisfies both examiners and survives what comes after.

Session 2 (December 1, 2027): US post-grant proceedings and patent litigation

The second session shows where that record goes to be tested. We cover the collateral attack landscape at the Patent Trial and Appeal Board, including inter partes review, post grant review, and reexamination, with current institution and outcome statistics and their interplay with parallel district court actions, stays, and estoppel. On the litigation side, we address venue and forum selection after TC Heartland, pleadings, the scope and cost of US discovery, claim construction, expert practice, dispositive motions, settlement valuation, trial before a jury, remedies, and appeal to the Federal Circuit, drawing throughout on the procedural and strategic considerations that decide real cases.
Both sessions draw on the speakers’ active US prosecution and litigation practice. Participants gain a working understanding of how prosecution decisions made in Europe determine enforcement outcomes in the United States, and concrete drafting and response techniques they can apply to pending matters immediately.

jeweils 15:00 bis 18:00 Uhr

• 256 € RAe/-innen bis 3 Jahre nach Zulassung/Assessoren/-innen bis 3 Jahre nach 2. Examen/Referendare/-innen
• 384 € Mitglied DAV
• 384 € Mitglied GRUR / VPP / epi / AIPP / Patentanwaltskammer
• 426 € Nichtmitglied

zzgl. gesetzl. USt.

Arbeitsunterlagen als Download • WertGarantie

In Kooperation mit GRUR, VPP, epi, INGRES und Patentanwaltskammer