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Course Details

The CLE course will guide patent counsel on business method patents and subject matter eligibility, examining guidance from the Supreme Court and the Federal Circuit as well as the USPTO. The panel will offer best practices for drafting patents to improve the chances of success and to survive § 101 challenges.

Faculty

Description

The Federal Circuit's State Street Bank decision in 1998 confirmed the subject matter eligibility of business methods by addressing the so-called business method exception: "[w]e take this opportunity to lay this ill-conceived exception to rest." Thereafter, the floodgates opened for business method patents. The industry held many conferences devoted exclusively to business method patents and the patent world was abuzz with activity. 

Then, two Supreme Court cases, Bilski (2010) and Alice (2014), struck down business method patents, and the Federal Circuit followed suit. Since Alice, the Federal Circuit has not found one business method patent valid under § 101. However, the USPTO continues to issue business method patents, thus creating a large chasm between the Federal Circuit and the patent office. Inventors with business method applications and patents are left wondering, "What do I do?" 

Listen as our authoritative panel of patent attorneys examines Federal Circuit case law and USPTO guidance addressing business method eligibility.

Outline

I. Guidance from the courts

A. Supreme Court

B. Federal Circuit

II. USPTO guidance on business method patents


Benefits

The panel will review these and other issues:

  • How to draft a business method patent to maximize the chances of success at the patent office and to defend against subject matter eligibility challenges at both the district court and the Federal Circuit
  • What are the best arguments to make at the district court or the Federal Circuit to defend a business method patent?
  • What are the best arguments to make at the USPTO to gain allowance of a business method patent?