Biotech Patents and Section 101 Rejections: Meeting Patent Eligibility Requirements
Leveraging Recent Decisions and USPTO Guidance to Overcome Rejections
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance for patent counsel for overcoming §101 rejections for biotech patents. The panel will review recent case law and USPTO guidance on §101 patent eligibility and offer strategies to address §101 rejections.
- Current guidance
- How the courts have applied Alice Corp. and lessons learned from those decisions
- USPTO guidance
- Strategies for overcoming §101 rejections in biotech patents
- Identifying and arguing deficiencies in examiner’s characterization
- Examiner interviews
- Addressing rationale behind rejection
- Amending claims
- Improved drafting to avoid rejections
The panel will review these and other key issues:
- The impact of the Mayo, Myriad, and Ariosa decisions on recent USPTO and Federal Circuit decisions addressing §101 rejections for biotech and other technological patents;
- Problems with the USPTO guidance documents and Examiner Training;
- Potential strategies to overcome §101 rejections;
- Robust patent specification and claim drafting tips.
Denise M. Kettelberger, Ph.D.
Dr. Kettelberger is a patent attorney with deep experience in bioscience industries. She has special expertise in IP... | Read More
Dr. Kettelberger is a patent attorney with deep experience in bioscience industries. She has special expertise in IP procurement and enforcement strategies, portfolio management and review, and IP analysis and opinions. Dr. Kettelberger also participates in litigation as a strategist and has been responsible for reexamination of U.S. patents.Close
Katherine M. Kowalchyk, Ph.D.
Merchant & Gould
Dr. Kowalchyk concentrates her practice in IP law, with a particular emphasis in biotechnology. She is experienced in... | Read More
Dr. Kowalchyk concentrates her practice in IP law, with a particular emphasis in biotechnology. She is experienced in patentability assessment, strategic filing, and coordinated prosecution of worldwide patent applications, including prior art management, PTO examiner interviews, appeals, and oppositions. She also handles licensing transactions, IP due diligence for technology and licensing transactions, M&As, product launches, and public offerings.Close