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About the Course
Introduction
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.
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.
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
Tuesday, December 9, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Guidance from the courts
A. Supreme Court
B. Federal Circuit
II. USPTO guidance on business method patents
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?
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