Overcoming Sect. 101 Rejections: USPTO Guidance, Recent Decisions to Meet Sect. 101 Patent Eligibility Requirements

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.

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.