Effective Tools & Techniques to Minimize Section 101 Rejection in a Patent Prosecution Minefield

October 4, 2017

Determining the eligibility of a claim in a patent or patent application under 35 U.S.C. § 101 has become a challenging task, particularly in the fields of business methods, computer software, and biotechnology.  In 2014, the U.S. Patent and Trademark Office (USPTO) issued guidance for use in evaluating the eligibility of claimed subject matter based on the Supreme Court’s decision in Alice Corp v. CLS Bank.

Despite these guidelines, and despite many hypothetical examples provided by the United States Patent and Trademark Office since Alice, there is wide-spread disagreement and confusion over application of the Supreme Court’s decision.  As a result, patentees and patent applicants must have a thorough understanding of patent eligibility doctrine.

The panel discussed the examination guidelines and some examples published by the U.S. Patent Office, a short history of the current state of subject matter eligibility, and briefly summarize and critique proposals for amending the governing statute, 35 U.S.C. § 101, announced by three major American intellectual property associations.  The panel will also introduce a proposed alternative and offer some related practical guidance for prosecution before the Patent Office. 

Key topics include:

  • Two-Step Analysis
  • Recent Case Law
  • Risks and Pitfalls
  • Proposed Amendments to the Current Statute and Implications
  • Alternative to Amendments to the Current Statute
  • Practical Guidance

 

Click here for a link to a free registration for the first 30 registrants. Enter and apply the discount code HAMILTON146403

Enter and apply HAMILTON146403 in the discount code portion of the registration form before hitting the submit order button for a free registration courtesy of our firm. Note:  There is a minimal fee for processing. $125 for CLE processing in the state of Virginia. $75 for CLE processing in Montana and South Carolina, and HRCI credit processing. $50 for CLE processing in the states not mentioned, CPE, SHRM and other CE credit processing. Late penalty fees for IL, TX and WA not included. For more info, visit https://www.theknowledgegroup.org/credit-info/ or email info@theknowledgegroup.org

 
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October 4, 2017

Determining the eligibility of a claim in a patent or patent application under 35 U.S.C. § 101 has become a challenging task, particularly in the fields of business methods, computer software, and biotechnology.  In 2014, the U.S. Patent and Trademark Office (USPTO) issued guidance for use in evaluating the eligibility of claimed subject matter based on the Supreme Court’s decision in Alice Corp v. CLS Bank.

Despite these guidelines, and despite many hypothetical examples provided by the United States Patent and Trademark Office since Alice, there is wide-spread disagreement and confusion over application of the Supreme Court’s decision.  As a result, patentees and patent applicants must have a thorough understanding of patent eligibility doctrine.

The panel discussed the examination guidelines and some examples published by the U.S. Patent Office, a short history of the current state of subject matter eligibility, and briefly summarize and critique proposals for amending the governing statute, 35 U.S.C. § 101, announced by three major American intellectual property associations.  The panel will also introduce a proposed alternative and offer some related practical guidance for prosecution before the Patent Office. 

Key topics include:

  • Two-Step Analysis
  • Recent Case Law
  • Risks and Pitfalls
  • Proposed Amendments to the Current Statute and Implications
  • Alternative to Amendments to the Current Statute
  • Practical Guidance

 

Click here for a link to a free registration for the first 30 registrants. Enter and apply the discount code HAMILTON146403

Enter and apply HAMILTON146403 in the discount code portion of the registration form before hitting the submit order button for a free registration courtesy of our firm. Note:  There is a minimal fee for processing. $125 for CLE processing in the state of Virginia. $75 for CLE processing in Montana and South Carolina, and HRCI credit processing. $50 for CLE processing in the states not mentioned, CPE, SHRM and other CE credit processing. Late penalty fees for IL, TX and WA not included. For more info, visit https://www.theknowledgegroup.org/credit-info/ or email info@theknowledgegroup.org

 

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