- videocam Live Webinar with Live Q&A
- calendar_month August 6, 2026 @ 1:00 PM ET/10:00 AM PT
- signal_cellular_alt Advanced
- card_travel Patent
- schedule 90 minutes
Patentable Subject Matter Masterclass: Navigating Federal Circuit Nuances, Inconsistencies, and USPTO Divergence
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About the Course
Introduction
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 and litigate claims in an environment where eligibility standards remain unsettled.
Description
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.
Presented By
Mr. Bahr specializes in all areas of patent practice. He previously served as the Deputy Commissioner for Patent Examination Policy at the USPTO. During Mr. Bahr's distinguished career at the USPTO, he was involved in nearly all patent-related rulemaking since 1995. His involvement in patent rulemaking includes the changes to implement the American Inventors Protection Act of 1999 and the Leahy-Smith America Invents Act. Mr. Bahr provided administrative oversight and direction for the activities of the Office of Petitions, Office of Patent Legal Administration, Office of Patent Quality Assurance, Central Reexamination Unit, and Manual of Patent Examining Procedure staff during his tenure at the USPTO.
For over 30 years, Mr. Kiklis has been called upon by industry-leading technology companies to handle some of their most important patent-dispute matters. He focuses his practice on trials at the USPTO’s Patent Trial and Appeal Board (PTAB), Federal Circuit appeals, and patent litigation. Mr. Kiklis is often called upon to handle cases worth more than $100 million. He has handled 100 PTAB trials and over 20 appeals to the Federal Circuit. Mr. Kiklis 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 as well as his academic background, holding both a BS and MS in computer science. He is the author of The Supreme Court on Patent Law, an 800-page treatise devoted to the Supreme Court’s patent law jurisprudence and a co-author on PLI’s post grant treatise (1st edition). Mr. Kiklis is best known for his long history of writing and speaking on patentable subject matter under 35 U.S.C. § 101, including numerous articles and speeches at bar associations and professional organizations.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Thursday, August 6, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Federal Circuit outlier cases
II. Inconsistent Federal Circuit decisions
III. Differences between USPTO and the Federal Circuit
IV. Best practices
The panel will review these and other key issues:
- What are the Federal Circuit's key outlier cases?
- How can counsel reconcile contradictions in Federal Circuit opinions?
- How have examiners applied the recent USPTO guidance? How does this fit with the court's treatment?
- What are best practices for drafting, prosecuting, and litigating patents?
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Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
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Unlimited access to Professional Skills and Practice-Ready courses:
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- Best for new attorneys
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