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Drafting Software Patents to Survive Section 101 and AIA Challenges

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

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, March 22, 2022

Recorded event now available

or call 1-800-926-7926

This CLE course will guide patent practitioners to draft their patent applications to overcome Section 101 challenges during prosecution, litigation, and AIA reviews. This panel has decades of experience in Section 101.


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.

Counsel must ensure that patent practitioners draft their specifications and claims to increase the likelihood of the patent surviving at the district court as well as during a post grant review.

Listen as our authoritative panel of patent attorneys reviews the courts' guidance in the post-Alice decisions. The panel will offer their perspectives and experiences concerning patent applications/claims, including anticipating Sections 101 rejections when drafting the claims.



  1. Challenges in drafting software patents
  2. Guidance from recent decisions
  3. Best practices for drafting software patent applications
    1. Benefits of claimed inventions
    2. Providing details in the specification
    3. Drafting claims to survive 101


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?
  • How can patent practitioners pass Alice's step two if an abstract idea is identified?
  • 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 101 challenges?


Kiklis, Michael
Michael L. Kiklis

Kiklis and Clark

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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