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Fundamentals of Patent Eligibility

Gain an understanding of the current patent strategies that are more likely to be successful with the proper specifications needed to ensure eligibility.

Patent subject matter eligibility jurisprudence under 35 U.S.C. §101 has been in flux in recent years, with decisions from the Supreme Court and Federal Circuit invalidating dozens of issued patents across varied industries, from banking to software development to pharmaceuticals and diagnostic methods. Are business methods and software still patentable? Are your issued patents still valid? Even if you do manage to get your application granted by the patent office, will a court just throw it out? This topic examines the history and development of patent eligibility jurisprudence from the 1850s to today, with an eye to understanding the underpinnings and goals of modern subject matter eligibility tests. The material also provides tips and strategies for application drafting and patent prosecution to obtain strong, valid patents; and conversely to identify issued patents that are vulnerable to invalidation. Identifying potentially invalid patents in their own portfolios may help companies avoid costly and unsuccessful litigation. Accused infringers will also be better able to negotiate settlements or avoid litigation once able to identify and articulate weaknesses in competitors' patents. This information is critical for patent prosecutors, litigators, and corporate IP counsel to obtain and enforce strong patent protection.

95 minutes
Certificate of Completion
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

History of 35 USC 101 and the Abstract Idea Exclusion

  • Pre-Bilski 101 Jurisprudence, From Le Roy v. Tatum Through State Street Bank v. Signature Financial
  • The Pendulum Swings Back: Bilski v. Kappos
  • Bad Facts Make Bad Law: Mayo v. Prometheus, Alice Corp. v. CLS Bank

Current 101 Jurisprudence

  • The USPTO's Guidance to Examiners
  • Exemplary Decisions
  • The Federal Circuit Pushes Back: Enfish, McRO, Finjan, and Berkheimer

Strategies for Application Drafting and Prosecution

  • Drafting Tips: Functionality, Complexity, Problem-Solving, and 'Steering' Applications
  • Prosecution Tips: Examiner and Art Group Allowance Rates; Arguments That Don't Work, and Arguments That Do
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More Program Information

Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

This course was last revised on September 19, 2018.

Call 1-866-352-9540 for further credit information.

No Credit Available

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Daniel Rose

Daniel Rose

Foley & Lardner LLP

  • Senior counsel in the Boston office of Foley & Lardner LLP, and a member of the Electronics Practice Group and Technology Industry Team
  • Practice emphasizes all aspects of IP counseling and patent prosecution, particularly in software development, artificial intelligence and machine learning, networking and communications, cybersecurity and cryptocurrencies, media processing and encoding, and bioinformatics
  • Conducts regular seminars and workshops on software patentability and patent drafting and prosecution
  • Admitted in Massachusetts and before the United States Patent and Trademark Office
  • J.D. degree, intellectual property concentration, patent law specialization, magna cum laude, Suffolk University Law School
  • Can be contacted at 617-502-3269, [email protected] or @LackingUtility
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 404395
Published 2018
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