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

Subject Matter Eligibility and AI: USPTO Guidance, Court and PTAB Treatment, Meeting Eligibility Requirements

$347.00

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Description

The USPTO determines the subject matter eligibility of AI patent applications, based on Alice and its progeny. Under the two-part test, patents are ineligible if they are laws of nature, natural phenomena, or abstract ideas. The Federal Circuit has provided guidance as to the patent eligibility of computer-implemented inventions that also applies to AI inventions.

The Federal Circuit has indicated that claims rooted in computer technology may have a basis for patent eligibility. Further, the court has indicated that claims listing features that improve computer performance may be patent eligible subject matter. However, in August 2022, the Federal Circuit held in Thaler v. Vidal that an inventor under the United States Patent Act must be a human being.

The scope of AI technology that is patent eligible is an evolving area of law. Understanding the contours of subject matter eligibility enables improved filing decisions and drafting with eligibility requirements in mind which can lead to a greater likelihood of success.

Listen as our authoritative panel of patent attorneys examines the most recent USPTO eligibility standard and how it can be addressed as well as how the courts and the PTAB have viewed subject matter eligibility in AI cases. The panel will offer best practices for navigating subject matter eligibility and drafting to satisfy patent eligibility requirements.

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.

Christopher J. Maier
Partner
Maier & Maier, PLLC

Mr. Maier is a registered patent attorney and practices all aspects of patent prosecution and patent litigation, including inter partes review proceedings and ex parte reexamination at the USPTO, international patent portfolio development and management, and opinion work. He has experience working across a variety of technologies, including electrical and computer engineering, software, mechanical engineering, and medical device technologies. In his practice, Mr. Maier has successfully drafted hundreds of issued patents in diversified technologies and prevailed on numerous patent appeals at the USPTO.

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


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, February 28, 2023

  • schedule

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

  1. Subject matter eligibility in AI patent applications
    1. Challenges
    2. USPTO guidance
  2. Court and PTAB treatment
  3. Practical implications and best practices in light of the current guidance and case law

The panel will review these and other relevant issues:

  • What are the unique eligibility challenges for AI patent applications?
  • How have the courts treated the issue of subject matter eligibility in AI patents?
  • What steps should patent counsel take to satisfy patent eligibility requirements?