Patentable Subject Matter Masterclass: Navigating Federal Circuit Nuances, Inconsistencies, and USPTO Divergence

This CLE webinar will guide patent counsel on the nuances and contradictions surrounding patentable subject matter. The panel will offer insights into how practitioners can prosecute claims in an environment where eligibility standards remain unsettled.

Section 101 continues to be one of the most unpredictable and litigated areas of patent law. The real challenges of patentable subject matter are in the edge cases, doctrinal inconsistencies, and conflicting guidance between the Federal Circuit and the USPTO.

It is critical for patent counsel to understand the Federal Circuit's inconsistent decisions, its differing applications of the same test, its outlier cases, and where the scope of the Alice two-step test continues to be undefined. Additionally, counsel need to recognize the divide between the USPTO and the Federal Circuit, including recent changes at the USPTO, which are sometimes more permissive than the courts.

Listen as our authoritative panel of patent attorneys provides a masterclass on patentable subject matter, focusing on the Federal Circuit's outlier cases and inconsistent opinions as well as the differences between the USPTO and the Federal Circuit. The panel will offer best practices for navigating these nuances and inconsistencies.