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  • videocam On-Demand
  • signal_cellular_alt Intermediate
  • card_travel Patent
  • schedule 90 minutes

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

$347.00

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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.

Presented By

Michael L. Kiklis
Founder
Kiklis Law Firm, PLLC

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.

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.

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


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, February 8, 2024

  • schedule

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

  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

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?