Alice Corp. v. CLS Bank: Patent Eligibility of Software-Related Inventions

Recording of a 90-minute premium CLE webinar with Q&A

Conducted on Wednesday, July 30, 2014

Recorded event now available

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Course Materials

This CLE course will examine the Supreme Court's Alice Corp. v. CLS Bank Int’l decision and its impact on patent eligibility for software-related inventions. The panel will also discuss what counsel to companies need to do to get patent protection for inventions implemented in computer software.

Description

On June 19, 2014, the U.S. Supreme Court issued its much anticipated decision in Alice Corp. v. CLS Bank Int’l on the standards to be applied to determine patent eligibility of software and business method patents. Relying on the analytical framework in Mayo Collaborative Servs. v. Prometheus Labs., the Court affirmed the Federal Circuit’s decision, concluding the claims were not patent eligible because they were drawn to a patent-ineligible abstract idea.

The Court provided some guidance for §101 challenges and raises new challenges. What does the decision mean for patent prosecution of software and business method technologies? What qualifies as an abstract idea?

The USPTO has issued Preliminary Examination Instructions that examiners will use when determining eligibility under §101 of claims involving abstract ideas in light of the Court’s decision. Public comment will be accepted until July 31, 2014. Patent counsel must prepare now to understand and navigate the patent eligibility landscape under §101.

Listen as our authoritative panel of patent attorneys examines the Alice Corp. v. CLS Bank decision and what that case means for software-related inventions. The panel will also discuss what companies and their counsel need to do to get patent protection for inventions implemented in computer software.

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Outline

  1. Alice Corp. v. CLS Bank Int'l (U.S. June 19, 2014)
  2. Defending against software patents in the courts and through PTAB CBM and PGR administrative trials
  3. Best practices for patent protection for software-related inventions

Benefits

The panel will address these and other key questions:

  • What does the Supreme Court's decision mean for patent eligibility for software-related inventions?
  • How can patent litigation defendants take advantage of the guidance for Section 101 challenges?
  • What best practices should counsel employ to protect software-related inventions?

Faculty

Michael L. Kiklis
Michael L. Kiklis
Partner
Oblon Spivak McClelland Maier & Neustadt

Mr. Kiklis focuses on post-grant counseling, patent litigation and patent prosecution. With an extensive...  |  Read More

Stephen G. Kunin
Stephen G. Kunin
Partner
Oblon Spivak McClelland Maier & Neustadt

He represents clients in post-grant patent proceedings at the U.S. Patent and Trademark Office. He also serves as an...  |  Read More

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