Welcome! Strafford is now BARBRI! The expert courses you know from the trusted global leader in legal education.
Description
It has been ten years since the Supreme Court decided Alice Corp v. CLS Bank, which completely reshaped the patent-eligibility landscape for software and business method patents. Since Alice, the Federal Circuit has rendered numerous decisions affecting this subject matter, raising many challenges, including how to determine whether a claim recites an abstract idea at Alice’s step one and how to determine whether a claim recites an inventive concept at Alice’s step two.
The Supreme Court in April 2024 dismissed a petition asking the Court to revisit and clarify its seminal holding in Alice, thus signaling that the Supreme Court may not provide guidance anytime soon. This raises the importance of the many Federal Circuit decisions issued since Alice. For example, the Federal Circuit has clarified how both the patent specification and prior art are utilized in a 101 analysis. The Federal Circuit has also basically settled on a "technological improvement" test for determining patent-eligible subject matter, and the Federal Circuit has made it harder to patent AI inventions.
In response to Alice and the Federal Circuit’s many decisions, the USPTO promulgated guidelines to facilitate 101 analyses during examination. Patent counsel needs to pay attention to the patent-eligibility lessons and guidance from the Federal Circuit, the PTAB, and the USPTO.
Listen as our authoritative panel of patent attorneys discusses the key decisions since Alice and offers best practices.
Presented By

Mr. Kiklis leverages his 30 years of experience to represent clients in his areas of focus: trials at the PTAB and patent litigation. He has been involved in 100 PTAB trials. He also handles appeals to the Federal Circuit from his cases, having now been involved in over 20 appeals. He both enforces and defends the intellectual property rights of his clients and is often called upon to handle cases worth more than $100 million. Mr. Kiklis brings an in-depth understanding of the business and IP needs of his technology clients, which he developed from years of experience in virtually every kind of patent matter, from cross-licensing and due diligence to bet-the-company PTAB trials and patent litigation. He has an extensive background in computer science based on his six years of experience as a software developer at some of the computer industry’s leading companies. Mr. Kiklis provides significant and influential thought leadership as a frequent speaker and author on patent law, including patentable subject matter and PTAB trials. He is also the author of The Supreme Court on Patent Law, an 800-page treatise devoted to the Supreme Court’s patent law jurisprudence.

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.
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
Live Online
On Demand
Date + Time
- event
Tuesday, July 23, 2024
- schedule
1:00 p.m. ET./10:00 a.m. PT
Outline
- Brief review of Alice Corp. v. CLS Bank (U.S. 2014)
- Key Federal Circuit court decisions
- PTAB decisions
- USPTO guidelines
- Best practices
Benefits
The panel will review these and other key issues:
- How is the Federal Circuit applying the framework for patent eligibility created in Alice?
- What pitfalls should counsel keep in mind to minimize the risk of invalidity?
- What are best practices for patent counsel to demonstrate patent eligibility in litigation as well as at the USPTO?
- What are best practices for drafting patent applications and claims to satisfy Section 101?
Unlimited access to premium CLE courses:
- Annual access
- Available live and on-demand
- Best for attorneys and legal professionals
Unlimited access to premium CPE courses.:
- Annual access
- Available live and on-demand
- Best for CPAs and tax professionals
Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
- Annual access
- Available live and on-demand
- Best for legal, accounting, and tax professionals
Unlimited access to Professional Skills and Practice-Ready courses:
- Annual access
- Available on-demand
- Best for new attorneys
Related Courses

Evaluating and Acquiring Patent Portfolios: Key Considerations
Available On-Demand

Invalidity Opinions in Patent Litigation: Shielding Against Liability
Available On-Demand

Inequitable Conduct and Supplemental Exam in Patent Prosecution Post-Lindis
Monday, October 27, 2025
1:00 p.m. ET./10:00 a.m. PT