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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Patent

Date & Time
  • event Date

    Thursday, February 8, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE course will guide patent counsel to overcome Section 101 rejections. The panel will review recent case law and USPTO guidance on Section 101 patent eligibility and offer strategies to address Section 101 rejections.

Faculty

Michael L. Kiklis
Founder
Kiklis Law Firm, PLLC

Mr. Kiklis focuses on PTAB litigation as well as district court patent litigation. He also handles Federal Circuit appeals from his cases. With an extensive background in computer science, his technological focus is on software patent matters. Mr. Kiklis frequently handles high stakes matters, having been involved in several cases in which over $1 billion was at stake.

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Stephen G. Kunin
Partner
Maier & Maier, PLLC

Mr. Kunin represents clients in post-grant patent proceedings at the U.S. Patent and Trademark Office. He also serves as an expert witness and consultant on patent policy, practice and procedure. During his tenure at the USPTO, he served in many executive positions, including as Deputy Commissioner for Patent Examination Policy.

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Description

Since the Supreme Court's decision in Alice Corp. v. CLS Bank (2014), there has been an increase in Section 101 rejections. The Alice decision and cases that apply Alice guide what subject matter is eligible for patent protection under Section 101.

The USPTO has dramatically increased its rejections under Section 101, and the federal courts and the Patent Trial and Appeal Board have been increasingly active in invalidating issued patents. Further, the USPTO released several memoranda and solicited public comments on patent examination under Alice.

Applicants can anticipate more rejections in the future. Applicants who receive a Section 101 rejection and their counsel must plan and carefully implement well-thought-out strategies for overcoming the rejections.

Listen as our authoritative panel of patent attorneys discusses Section 101 rejections since the Alice decision. The panel will examine recent case law and USPTO guidance and offer best practices for patent counsel to overcome Section 101 rejections.

Outline

  1. Court treatment of Section 101 since Alice Corp.
  2. USPTO guidance
  3. Strategies for overcoming Section 101 rejections
    1. Identifying and arguing deficiencies in examiner's characterization
    2. Examiner interviews
    3. Addressing rationale behind rejection
    4. Amending claims
    5. Improved drafting to avoid rejections

Benefits

The panel will review these and other key issues:

  • How have the courts treated Section 101 rejections since Alice?
  • What strategies should patent counsel implement to overcome Section 101 rejections?
  • How can patent counsel guide applicants in reducing the likelihood of rejection?