Drafting Software Patents to Survive Section 101 and AIA Challenges

Anticipating and Minimizing the Risk of 101, 103 Rejections, Recent Court Guidance

A live 90-minute CLE webinar with interactive Q&A


Wednesday, March 20, 2019

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, February 22, 2019

or call 1-800-926-7926

This CLE webinar will guide patent practitioners on how to draft their patent applications to overcome both Section 101 and AIA challenges. This panel has decades of experience in Section 101 and has represented patent owners numerous times in AIA reviews.

Description

Patent eligibility in the context of software-related inventions is not always apparent. Patent practitioners and applicants have struggled since the Supreme Court's decision in Alice Corp. v. CLS Bank Int’l (2014) to understand what qualifies as an abstract idea.

Recent Federal Circuit decisions on software-related claims have provided more guidance on patent eligibility. For example, the court's decision in Visual Memory v. Nvidia Corp. (2017) found the claims recited patent-eligible subject matter. Because the invention in question did not cover an abstract idea, the second step of the Alice test was unnecessary. Understanding the court's rationale in this and other recent decisions will increase the likelihood that a patent drafter's claims will pass step one or two of the Alice patent-eligibility test.

Most patent litigations today involve a co-pending AIA review. It is therefore important to ensure that patent practitioners draft their specifications and claims so as to increase the likelihood of the patent surviving either an inter partes review or a covered business method review.

Listen as our authoritative panel of patent attorneys reviews the guidance that has been provided by the courts in the post-Alice decisions. The panel will provide guidance for drafting patent applications/claims, including anticipating Sections 101 and 103 rejections when drafting the claims.

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Outline

  1. Challenges in drafting software patents
  2. Guidance from recent decisions
  3. Best practices for drafting software patent claims
    1. Benefits of claimed inventions
    2. Source code
    3. Anticipating and minimizing the risk of rejections

Benefits

The panel will review these and other key issues:

  • What are the hurdles for patent counsel to demonstrate a software-related claim is not abstract?
  • In the event an abstract idea is identified, how can patent practitioners pass Alice's step two?
  • What guidance have the courts provided in recent decisions concerning patent eligibility for software-related inventions?
  • What best practices should counsel use to help software-related inventions survive AIA challenges?

Faculty

Kiklis, Michael
Michael L. Kiklis

Member
Bass Berry & Sims

Mr. Kiklis focuses on PTAB litigation as well as district court patent litigation. He also handles Federal Circuit...  |  Read More

Kunin, Stephen
Stephen G. Kunin

Partner
Maier & Maier

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

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