IP lawyers raise concern about design patent policy
- Erin Geiger Smith
- Thompson Reuters News and Insights
Thomson Reuters News & Insights recently published an article discussing the possibility of policy changes pertaining to design patent amendments. A USPTO official stated that the office is reviewing patent amendments and determining whether credit should be given for the original patent filing date.
The change would affect filing strategy by encouraging multiple applications to be filed per design from the start. Sterne Kessler's Tracy-Gene Durkin is quoted in the article, explaining that the current practice of continuation application is often "a cost-saving measure as filers wait until they know what the desired protection is before paying the fee for the extra applications" and that new procedures could "ensnare practitioners who are not aware" of the patent official's comments.