Learn essential patent information in an uncertain legal environment.
Patent subject matter eligibility under 35 U.S.C. §101 remains one of the most contentious and dynamic areas of patent law, especially in the realm of software and computer-implemented inventions. Although the fundamental two-step Alice/Mayo framework remains in place, Federal Circuit decisions and evolving USPTO guidance continue to reshape the boundaries of what is patentable. At the same time, §112 issues--particularly around written description and enablement--have become increasingly important in software claims, as courts scrutinize functional language and demand greater technical disclosure. Decisions like Williamson v. Citrix and its progeny have led to narrower interpretations of software claims and increased vulnerability to invalidity challenges. This presentation will explore recent developments in both §§101 and 112, with an emphasis on practical strategies for drafting and prosecuting software patent applications. Attendees will gain insight into recent USPTO and Federal Circuit trends, best practices for overcoming common rejections, and how to future-proof applications against litigation risks.
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Why Lorman?
Over 39 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
Patent Eligibility Under 35 U.S.C. §101: Current Landscape
- Evolution of Subject Matter Eligibility Jurisprudence
- Impact of Alice, Mayo, and Key Federal Circuit Decisions
- USPTO Eligibility Framework and Examiner Guidance
- Trends in PTAB and District Court Outcomes
- Claim Drafting Strategies for Surviving §101 Rejections
Disclosure Requirements Under 35 U.S.C. §112 for Software Patents
- Written Description and Enablement: Evolving Standards
- Functional Claiming and the Role of Means-Plus-Function Limitations
- Post-Williamson Case Law and Its Ongoing Fallout
- USPTO Practice Tips and Examiner Expectations
- Drafting Techniques to Avoid Ambiguity and Narrow Interpretations
Takeaways for Practitioners
- Practical Claim Drafting Advice
- Lessons From Recent Office Actions, PTAB Decisions, and Case Law
- Building a Record for Appeal and Litigation
- Preparing for Further Judicial and Regulatory Shifts
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Why Lorman?
Over 39 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 August 4, 2025.
Call 1-866-352-9540 for further credit information.
- AK CLE 0.75
- Alaska attorneys may receive 0.75 hour(s) of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.0
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.0 hour(s) credit.
- Arizona CLE 0.75
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services/Noggin Guru for auditing purposes. This activity may qualify for up to 0.75 hour(s) toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 0.75
- Lorman Education Services/Noggin Guru is a State Bar of California approved MCLE sponsor and this course qualifies for 0.75 CLE hour(s) of participatory credit.
- CT CLE 0.5
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 0.5 CLE credit(s).
- IL CLE 0.75
- This course was approved for a total of 0.75 hour(s) of MCLE Credit by the Illinois MCLE Board.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 0.75
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 0.75 hour(s) of CLE credit.
- NH MCLE 0.9
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services/Noggin Guru believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 59 Minutes.
- NV CLE 0.5
- This program has been approved by the Nevada Board of Continuing Legal Education for 0.5 CLE hour(s).
- NY CLE 1.0 including Areas of Professional Practice 1
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hour(s) in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- WA CLE 0.75
- This program has been approved by the Washington State Board of Continuing Legal Education for 0.75 hour(s) of A/V credit under the Law & Legal Procedure category.
- WI CLE 1.0
- This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
- WV MCLE 1.2
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.2 MCLE hour(s).
- NALA 0.98
- This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements.
Program Length: 0.98 hour(s).
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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- AK CLE 1.0
- Arizona CLE 1.0
- CA MCLE 1.0
- CT CLE 1.0
- HI CLE 1.0
- MO CLE 1.3
- NM CLE 1.0
- VT CLE 1.0
- WV MCLE 1.3
- WY CLE 1.0
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 39 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
Pierson Ferdinand LLP
- Partner with the law firm Pierson Ferdinand LLP and a member of the firm’s Cybersecurity and Blockchain and FinTech teams
- 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 [email protected] or www.linkedin.com/in/danrose
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Why Lorman?
Over 39 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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