Drafting Software Patents to Survive Section 101 and AIA Challenges

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

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

Conducted on Thursday, April 16, 2020

Recorded event now available

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Course Materials

This CLE course 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.


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. Understanding the court's rationale in 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. Counsel must ensure that patent practitioners draft their specifications and claims 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 offer their perspectives and experiences concerning patent applications/claims, including anticipating Sections 101 and 103 rejections when drafting the claims.



  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


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?
  • If 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?


Kiklis, Michael
Michael L. Kiklis

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

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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