Jay A. Erstling
Of Counsel
Jay Erstling is an important advisor to our clients who are doing business on an international scale, as well as those who are considering expanding into global markets. Professional Experience Jay provides clients of Patterson Thuente with a unique and valuable perspective gained through his wealth of experience in international IP strategy and role in shaping international intellectual property law policy. Prior to joining our firm, he served as director of the Office of the Patent Cooperation Treaty (PCT) and director-advisor to the director general of the World Intellectual Property Organization (WIPO) in Geneva, Switzerland. There, he helped develop and implement PCT policies, including large-scale regulatory reform. He also oversaw the processing and examination of more than 130,000 international patent applications a year. Jay’s practical expertise is coupled with a rich academic background. He is currently a professor at William Mitchell College of Law's Intellectual Property Institute, teaching courses on comparative and international patent law and serving as director of its IP legal clinic. For 17 years, he was a professor at the University of St. Thomas and chair of the school’s Department of Legal Studies in Business. He taught international business and intellectual property law, as well as courses on the legal environment of business and science and the law. Over the years, he has served as a visiting/adjunct professor at the University of Minnesota Law School; University of Hawaii; Northwest University in Xian, China; National Law School in India; and the University of Colombo Faculty of Law in Sri Lanka. Recognitions
Other
Languages French, Spanish (reading knowledge) |  |
612.349.5740 Practice Areas Education
Cornell University , B.S., Industrial and Labor Relations, 1971
Cornell University Law School, J.D., 1974
Admissions
Supreme Court of Pennsylvania
Supreme Court of Minnesota
U.S. Court of Appeals for the Federal Circuit
Memberships
American Intellectual Property Law Association Intellectual Property Owners Association International Association for the Protection of Intellectual Property International Trademark Association
Publications
Korea's Patent Policy and Its Impact on Economic Development: A Model for Emerging Countries?, San Diego International Law Journal, Volume 11, No. 2, Spring 2010
Transatlantic Patenting, Landslide, November/December 2009
PCT Supplementary International Search (SIS), IPO Committee Newsletter, July 2009
El Trato de Cooperacion en Materia de Patentes: en el centro del sistema internacional de patentes, El Derecho, N 12.053, AND XLVI, pg 1 - 2 (co-author: Martin Etcheverry)
The Patent Cooperation Treaty: At the Center of the International Patent System, William Mitchell Law Review, Vol. 32, No. 4, 2006
Managing the Avalanche: New Rules Change Path of Most International Patent Applications, Intellectual Property Today, Vol. 9, No.7, July 2002
International Patent Protection Undergoes Reform, Intellectual Property Focus, Winter 2002
Managing a Global Patent Portfolio, International Focus, September 2001
The US Constitution and the Assertion of Judicial Primacy, City of Boerne v. Flores, Kings College Law Journal (University of London), Vol. 9, 1998-1999
Selection of Recent Presentations
"Updates and Strategies for PCT Searching and Searching Authorities," AIPLA Live Online Seminar, August 2009
ABA PCT Roadshow, Washington D.C., July 2009
"The Future of International Patent Protection," Lexis Nexis Twin Cities IP Summit, May 2009
"Prosecuting for Enforcement Success in Europe, China, Japan and Australia," AIPLA Annual IP Law Conference, April 2009
"PCT Practice," Dupont Patent Academy webinar, February 2009
"Protecting Intellectual Property Rights in China," with Amy Xu, MN-CLE, December 10, 2008
"The Changing Landscape of Patent Law: Recent Developments in India," AIPLA Spring Meeting, May 14, 2008
"International Patent Law Update," MIPLA and the MSBA Business Law Section - January 28, 2008
"Update on International Trademark Strategy: Keys to Protecting Brands Overseas," China Trademark Association - November 2007
"PCT Rule Changes, "NAPP Annual Meeting, Alexandria, VA - July 2006
Keynote, William Mitchell College of Law PCT Symposium 2006, St. Paul, MN - February 2006
High Technology Cooperation Group (HTCG) Dialogus on Nanotechnology, Defense Technology and Biotechnology - November 2005
"The International Patent System: WIPO Comes to UCLA," UCLA Law School Symposium, Los Angeles, CA - September 2005
"Enhancing Global Competitivensess of the Indian Life Sciences Industry through the Strategic Use of the Patent System," WIPO National Seminars (New Delhi, Mumbai) - December 2005
AIPLA 2005 Advanced PCT (Washington, D.C., Minneapolis, Sand Diego) - July 2005
"PCT Practice: Update, "Intellectual Property Institue of Canada 39th Spring Meeting - April 2005
"A Discussion of Recent Changes to PCT Practice and the Politics That Prompted Them," Connecticut IP Law Association - October 2004
"The PCT: Recent Developments," WIPO-WTO Colloquium for Teachers of Intellectual Property Law, Geneva - June 2004
"PCT Today: History, Status and Projected Growth," FIPLA/AIPLA Colloquium on Reform of the Patent Cooperation Treaty, Nice, France - April 2003
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