Learn strategies for application drafting in view of avoiding rejections under the new guidance.
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. However, newly released guidance from the USPTO to Patent Examiners and the Patent Trial and Appeals Board provides some clarity and a path to patentability for these industries. This topic will examine the new guidance in depth and analyze some examples of ineligible and eligible claims, and provides tips and strategies for application drafting and patent prosecution to overcome eligibility rejections. The USPTO released new guidance for determining written description and enablement support under 35 U.S.C. §112 in view of the recent Federal Circuit decision in Williamson v. Citrix Online, LLC. The new guidance will affect large numbers of software-related patent applications and may cause structural claim limitations to be interpreted functionally, and narrowly. This information will examine this new guidance and the Williamson decision and their effect on software-related applications, provide tips and strategies for application drafting in view of avoiding rejections under the new guidance, and is critical for patent prosecutors, litigators, and corporate IP counsel to obtain and enforce strong patent protection.
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Agenda
Overview
New Subject Matter Eligibility Guidance From USPTO
- Comparison to Previous Subject Matter Eligibility Test
- Details of New Guidance for Examiners and Appeals Board
- Analysis of Eligible and Ineligible Claims
- Recent Case Law Applying Guidance
- Tips for Claim Drafting and Prosecution for Eligibility
New Written Description Guidance From USPTO for Software-Related Applications
- Comparison to Previous Functional Claiming Rules
- Details of New Guidance for Examiners and Appeals Board
- Analysis of Valid and Invalid Claims
- Tips for Claim Drafting and Prosecution for Eligibility
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This course was last revised on April 12, 2019.
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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.
Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.
This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.
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Why Lorman?
Over 33 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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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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