Intellectual Property Law

Chapter 21 Case Study Answers

Case Study: Fit Forever has developed a new type of athletic shirt that “wicks away”
perspiration and improves athletic performance. It received a positive ruling from the
Korean Intellectual Property Office on its application. Another application for this
invention is pending at the USPTO.

Activities: What might Fit Forever do to accelerate the application for the invention at
the USPTO?

Fit Forever should file a request under the Patent Prosecution Highway
program and request that the USPTO “fast track” its examination of claims
in the application. The USPTO can use the Korean Intellectual Property
Office’s work products, including its search and examination reports, to
streamline and expedite processing of the application at the USPTO. The
USPTO will advance the application and examine it before others that have
been filed earlier. (Although Fit Forever could also request Prioritized Track
One Examination (see Chapter 18), there is a significant fee for this; there is
no fee to participate in the PPH.