Intellectual Property Law

Chapter 19 Case Study

Case Study: Fit Forever has developed a new type of resistance band, which it has
demonstrated at a trade show. Exercise Planet, Inc. attended the trade show, and filed a
patent application for identical resistance bands on September 1. One month later, Fit
Forever filed its patent application for the resistance bands. The examining attorney has
rejected Fit Forever’s application because it was not the first to file the patent application
for the product.

Activities: What should Fit Forever do? Of what benefit would records of attendees at
the trade show be to Fit Forever?