News about USA John Marshall law school (4)

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  • / Author: Aaron Lewis
About the association delegation to American John Marshall law school training
Release date: 2010-10-26|Views: 3869
  In 2010 September 13-30 day, on behalf of the national patent agent association delegation to USA John Marshall School of law (John Marshall law school) at the 17 - day "training America patent law and practice" project. The delegation consists of 31 members, from 21 domestic patent agencies, all have certain experience of patent agents (list see Appendix 1). Headed by Cheng Miao (Limited Hong Kong Company patent agent Chinese served as deputy head of the patent agency), by Zhang Yuyue (long day International Intellectual Property Agency Manager patent agent electrical Ltd.), Sun Xiangmin (Beijing intellectual property agency manager of Ge Cheng electrical Ltd.), Fu Jianjun (director of CCPIT Patent and Trademark Office machinery division) as. This is Marshall School of law and Patent Agents Association jointly organized specifically for the Chinese patent agent training project, various aspects of this very seriously. In the joint efforts of both sides, the training has been successful. The report is as follows.
One, the United States before the warm-up training
    In order to improve the students in the America learning quality and efficiency, reduce the language caused by different obstacles, before the trip to America to learn travel, association arranged two day training course at home (Chinese), invited once in America work, learning and America law, patent law system has a deep understanding of China teacher. Among them, the Patent Reexamination Board medical complaints department Ma Wenxia teacher introduced the "American legal framework and USPTO", Liu Shen law firms Jia Jinghuan teacher introduced USA "patent law", the Patent Reexamination Board of the Jing Shi teacher introduces "America patent examination" licensing procedures, Beijing high court. Presiding judge Li Yanrong teacher introduced the "American patent litigation", CCPIT Patent and Trademark Office teacher Wu Lili from the hot case are introduced in this paper. A case of online resources, writing case, reading skill, and combining the case illustrates USA patent creativity and authorized object. Through the warm-up training, so that students of America patent system has made a preliminary concept, enhance the understanding and confidence further for upcoming USA learning exchange tour.
Two, in the Marshall Law School
    The delegation on the afternoon of September 13th Beijing time 4:00 start. Since September 14th, John Marshall (John Marshall) law school "USA patent law and practice" officially began training. John Marshall law school is standing between Chicago many buildings next to each other like offices, three building, this China university around the campus is not the same style, the building is the teaching building, which is mainly the classroom and the library, Professor, main office in the building. Here, the delegation began to accept the case education mode of classical USA law school professor, started from the "America law, patent law, administrative agencies USPTO court system", comprehensively studied patent law and practice America.
   The first day, briefly studied in the legal system, American related to intellectual property American patent system and architecture America patent and trademark office. In addition, also mentioned the two patent reform recent proposals. In the next 7 days, the study of various aspects of:
-- type patents: provisional patent application, a non provisional patent application, to continue to apply, in part to continue to apply, the divisional application, review (unilateral, bilateral)
-- program and then awarded and review
From the application, review procedures -- patent until authorized
-- inventor and first to invent system (Conception, Diligence, Reduction to Practice, Laboratory Notebooks
(interference) -- Conflict
-- can obtain patent protection conditions: practicability, novelty, non obviously, fully open, the best mode requirement, right
-- novelty
-- non obviously: the development history of standard of review, KSR after the case of the latest on the obviously guidelines for the review of judgment
-- how to overcome the reviewers noted as can be expected, obviously the dismissed comments, articles 131 and 132 statements
-- patent software / business method: writing may authorize the theme, software / business method claims
-- patent infringement litigation
   Tort litigation measures (Defenses) and recovery (Remedies) , including: the patentee shall provide evidence of infringement, the infringer can provide evidence to prove the claims of the patent is invalid, that patent unenforceable, right remedial measures, in addition to type of infringement, infringement, interpretation of claims. Overall, the professors teaching have their own characteristics, but the common point is, the professor has rich practical experience, they use a case, combined with PPT or on the small blackboard random drawing, vivid account of each system, the historical evolution, present operation situation and future trends, such as American is the brewing of patent Law Reform (which involves a reset, the jurisdiction of the court first to invent system to apply the system major reform issues). They have a common point, is encouraged to ask questions, but always praise is a good question. Indeed, China agent while also do a lot to America application cases, but for American law system the concrete operation and regulation, and the rules are not confused why. For example, for the full requirements of the provisional application disclose how much content to meet the provisions of the patent law 112, why the provisional application may disclose less content can be used as a priority, the formal application as a priority for those who are not equity risk, in a formal application for the corresponding add what content to belong to the new matter and so on, the finally obtained a satisfactory answer and explanation. Students have to meet their work problems to ask professors, professors from the problem but also a chance to see the differences between Chinese and American system between China and the United States on the patent, promote mutual understanding in the field, members feel a great harvest.
   Some of the more diligent member to the library on the self-study, quietly in the library by selecting and their related business books to read, the teaching content of digestion and absorption, and also to pick up some books introduce American patent law to buy, be returned to guide the practical work. Some members also buy help to obtain the America patent qualification (patent bar) exam books, in order to better understand the matters needing attention in writing a America application.
   In addition, the delegation also attended law school, welcome to the State Intellectual Property Office original Bureau Mr. Gao Lu Lin dinner, at dinner, they know that the John Marshall (John Marshall) School of law and Chinese long-term cooperation and achievements, listened to Mr. Gao Lulin, the judge and professor of speech, and also with the cross their meal way further mutual understanding.
   After law school two weeks of study, the school issued a certificate of training for each student. In the certification ceremony, director Li Wang China cooperation center, School of law, School of law from LAN and Mr. Gao Lulin, director of all speech, and students for a photo, to enable students to understand to obtain John Marshall (John Marshall) a law degree from China University of Political Science and Law School of law and the way of jointly issued, and Chinese get America patent agent qualification approach.
   During the period of studying in school of law, School of law, intellectual property, and executive director from Taiwan to obtain a patent lawyer qualification in American Yuan Danji has been a teacher with students in class and involved together, so that students not only useful way to understand USA English patent law, way more understanding USA Patent Law and practice in the mother tongue. Participants agreed to reflect this arrangement for sex is very strong, very practical.
Three, visit the firm
    Besides the lectures, the course also carefully arranged to visit the travel office. The delegation in Chicago and Washington have access to 6 firm. Association of college and law for the delegation to visit in advance to do a meticulous work, carefully selected in the intellectual property field very well-known or quite influential in certain areas of the firm, and carefully arranged in advance all the visit, the visit a complete smoothly, with remarkable achievements. In the process of visiting each firm, each firm are carefully prepared a keynote speech, introduced America all aspects of intellectual property rights, and show all the firm's corporate culture, make the students to American intellectual property, and America culture to have a more profound understanding of. Although these firms patterns of different style, staff are not the same, but they have a common characteristic, that is they are let each person do his best, the development of skills, to fully display their strength to the Chinese agents, and hope that more widely and China patent agent cooperation in intellectual property rights of the depth of field.
   When the students entered in Michigan Lake Brinks, Hofer, Gilson & Lione firms in the venue, a recent hot relevant section 337 investigation subject attracted great attention to present each listener. Because many cases 337 investigation in recent years USA's are for the Chinese, therefore the speaker from the ITC program, a procedure, investigation of evidence, hearing, review the final adjudication, the preliminary ruling judge and ITC, appeal and relief measures and other aspects of the comprehensive introduction. From their story can be seen in the rich experience and professionalism USA lawyer. This is a large firm, has more than 170 lawyers, including Chicago, Washington, 6 branch of Saline Lake city. From the 2003 year -2008 year, obtain Illinois intellectual property first, and won several awards including best lawyers title. Their business tentacles also covers various technical fields, including United Airlines, Kimberly, American northern trust companies, large enterprises are the enterprise customer. The delegation members, senior attorney, CCPIT Patent and Trademark Office Director the machinery of Mr. Fu Jianjun based on years of practical experience, the theme of Chinese patent litigation status of the speech, introduced the China patent litigation procedural and substantive issues, and emphatically introduces the important detail that needs special attention in the process of the proceedings, the wonderful the speech attracted the attention of America counterparts.
   Chicago is located in the city of LEYDIG, VOIT&MAYER, LTD, is also a large firm, nearly 100 agent team, and 75 lawyers working in the United States, 4 offices. They in the patent, trademark and copyright etc. with good performance. Professor Griffith firm, as John Marshall law school teachers, according to the patent application process open, how to fully explain the existing technology, as well as if overcome obviously, the agent explain how invention motivation and fully shows the effect of the invention and commercial value of the content, also made a clear explanation of the specific application strategies America Rule 131 and 132 statement the.
   On a visit to Winston&Strawn firm, its unique perspective America partner Michael interpretation of patent protection and judicial proceedings impressed the students. He aimed at the Chinese, citing a large number of data and charts, from the number Chinese in recent years to USA export amount, China high-tech 2009 exports to the United States, export trends on the world, especially in detail to the computer and telecommunications industry, China in the international market, because the technology driven to get enough attention. Then, the speech homeopathy into how China Company in American market as much as possible to avoid risks, to achieve maximum benefits. The actual data, is very convincing. Copyright and trademark attorney Jennifer introduces American trademark system and strategy. Winston&Strawn firm founded in 1853, more than 900 lawyers, is a typical super large, with offices in more than one city including Beijing are. Its action is very rich, the nation's top four firms won the lawsuit in 2010 January.
   In September 22nd, visited McAndrews, Held&Malloy firm process, senior partner will students into a how to choose between patent and trade secret topics, starting from the patent and business secret of the legislative intent, the patent and trade secret characteristics are explained one by one, and combine the business secret cases, Boeing and Coca-Cola from the objective, economic benefit, selection and screening of their advantages and circumspect. Let the students stereo protection of intellectual property rights and enhance the level of understanding. After the meeting, and lead the students visited the firm, the humanities environment to leave a good impression to the students.
   In Chicago at the end of the study, the delegation visited Polsinelli Sughart office, the speaker Randy make smooth reading, will be very complicated in patent application obviously problem, through a case presented. From the KSR V. TELEFLEX case, leads to the "teaching suggestion or motivation," creative standards, to IN RE ICON HEALTH & FITNESS case, guide in judging the creativity how existing technologies and technical inspiration (teaching points) combination, how to analyze the scope of patent protection. As many as 20 cases introduction, the students expressed admiration for the familiar degree America patent counterparts on the case.
   In Washington, PILSBURY WINTHROP SHAW PITTMAN, LLP, tells the story of the note about the 337 clauses to students, at the same time by car and shear type jack (scissors jacks) case vivid description of the ITC review process. South Korean lawyer subsequently Lee, from Liu, Guan, Zhang three body of patents in the Three Kingdoms in Loyalty, Wisdom and Courage. Understanding China culture, combining with the patent system, students can't help being American peer wise and applause.
   The 6 firms a visit down, the most profound is USA peer cheerful, relaxed personality impression. When the students into the office visit, whether the reception staff or other staff and students if accidentaly across, will be very generous to say hello. The students realize their generous cheerful smile back there may be thinking mode and management mode of the deeper factors.
Four, visit the American patent and Trademark Office and the Federal Circuit Court of Appeals
    In Washington, the students visited America patent and Trademark Office in the rain, all the process of orderly and orderly. The host makes a full introduction to the patent and Trademark Office, the questions we have for patent and trademark office departments and scoring system, and obtained a satisfactory answer. The host is more concerned about the recent PPH (Patent Prosecution Highway) are introduced, and hope China agent to promote this process.
   Leave deep impression is leading to the meeting room corridors, walls of organic glass after a patent document and window after a patent, trademark and business performance of real. All of a sudden reminiscent of EPO's objection office corridor of similar scenes, a patent is introduced and a kind of intellectual property rights. These absolutely make people will not these places and other office confused. Every one of them, suggesting that for each item of intellectual property rights, the fear of every innovator. This respect and fear makes people experience the driving force of innovation, the promotion of social development and change of vitality.
   Different from the America College Board of high-rise buildings, when standing on the USA Federal Circuit Court of appeals the door, surprised to its simple appearance and not play style, but a small bronze express passers-by. When entered the hall of justice, everyone will slow down, lower voice, as if by some invisible force influence. Originally the chief justice to arrange, but just something, so the 4 clerks and staff and student exchanges. Communication is selected in the solemn court, the trial for the occurrence of processing error, the court of second instance of collegiate bench trial way, the original defendant and attorney, the court's judgment is not consistent, and open problems, the trial (en banc) initiated procedures and conditions as well as the number of court cases such as a full range of the exchange.
   The chief justice also let the conference participants visited his office, spacious office display chess chess, painting, fan and other items seem to see the room carefully, rich human feelings.
With the experience of five, harvest
    The association of 1. with America Marshall law school first successful cooperation, cannot do without USA Marshall College of law for assistance, they have accumulated rich experience in the cooperation project with the State Intellectual Property Office. In addition to Li Wang cited Ms. LAN, also hired a Chinese America lawyer Yuan Danji accompanied by patent agents in the USA learning, a good organizational and communication in which. In the curriculum, pay attention to case and practice, hired experienced professors and lawyers teaching, aiming at the characteristics of patent agents, visited 6 firms, strengthen the exchanges between Chinese and American patent counterparts by patent agents, welcome.
   2 in the delegation members, many are the backbone of the firm, a relatively rich experience, high quality. In the United States, Colonel Cheng Miao led three deputy head, and actively play a very good role. They actively speak in class, visit PPT speech, active propaganda China patent system, highlighting a new generation of high quality and high level of patent agent. Just American trip, all members of the training class not only gain knowledge, more important is a broad field of vision, see the other side of the ocean with working state. USA patent peer dedication touched them. In their report said, we this group of students in the country, perhaps some experience, but most are busy with her job, the lack of understanding of the significance of patent agents and the occupation of fear. The America will have an important impact on our future work. We deeply feel that as a small country in this big machine screw nail, patent agent is not only a means of livelihood, but also a heavy responsibility.
   The 3 associations in the project also accumulated some experience, need to be improved in next year's training class. For example: the students reaction, preheating before training time is short, want to learn at least 3 days; Marshall law school classroom should not be located in the office building, but should be in the teaching building, to enable students to use the library more convenient; some students do not comply with the time, hope to further strengthen education before. The association will be collected, collated and improvement of these views, some problems in a timely manner to the United States feedback, for the next training to do better, make more patent agents have the opportunity to study abroad for training, with more international patent agent active.
 
News source: Chinese national patent agents association