Patent Eligibility Post-Alice: Navigating the Nuances, Guidance From the Federal Circuit, the PTAB, and the USPTO

This CLE course will examine recent decisions applying the Supreme Court's decision in Alice Corp. v. CLS Bank on patent eligibility. The panel will discuss the guidance from these opinions and offer best practices for addressing patent eligibility issues.

The Federal Circuit and other federal courts, as well as the PTAB, are issuing rulings regarding patent eligibility based on and after the Supreme Court's decision in Alice Corp. v. CLS Bank (2014). These opinions offer guidance on the application of Alice Corp., in which the Court concluded the claims were not patent-eligible because they were a patent-ineligible abstract idea. Also, in January 2019, the USPTO issued revised patent subject matter eligibility guidance, providing an additional step to the Alice inquiry.

Patent counsel should take note of these and other guidance into how courts, the PTAB, and the USPTO are applying Sec. 101 to determine patent eligibility.

Listen as our authoritative panel of patent attorneys discusses the cases handed down by the Federal Circuit and PTAB since the Supreme Court's decision in Alice Corp. and examines the guidance these cases provide for patent counsel regarding patent eligibility. The panel will offer best practices going forward for demonstrating patent eligibility.