Functional Claiming for Software Patents: Leveraging Recent Court Treatment
Surviving 112(f) and Disclosing Functional Basis for Software to Meet Heightened Standard of Review
Recording of a 90-minute premium CLE webinar with Q&A
This CLE webinar will guide IP counsel on functional claiming in software patents and USPTO prosecution. The panel will examine recent court treatment and explain how to navigate the issue of functionality given the uncertainties in the prosecution and litigation contexts.
Outline
- How the courts have applied Williamson
- Functional claiming in software patents
- Benefits and risks involved with using functional claims
- Best practices for leveraging Section 112(f) and functional claims for maximum patent protection
Benefits
The panel will review these and other crucial issues:
- What has the impact of the Williamson decision been on functional claim interpretation for software patents?
- What are the benefits and limitations of using functional claims for software patents?
- What are the lessons from recent decisions regarding functionality in software patents?
Faculty

Cory C. Bell
Partner
Finnegan Henderson Farabow Garrett & Dunner
Mr. Bell focuses on patent prosecution management, client counseling, post-grant practice, and litigation, with an... | Read More
Mr. Bell focuses on patent prosecution management, client counseling, post-grant practice, and litigation, with an emphasis on electronic technology. He assists in developing patent prosecution strategies for clients with various budgets and desired outcomes. His patent experience began as a patent examiner at the USPTO. He has evaluated thousands of patents and patent applications for licensing, monetization, or sale; assisted in prosecuting hundreds of patent applications; managed patent portfolios; conducted patent landscaping and competitor analysis; and filed patent reexamination, post-grant review, and inter partes review requests.
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Yi Yu, Ph.D.
Attorney
Finnegan Henderson Farabow Garrett & Dunner
Dr. Yu practices all aspects of patent law, including patent litigation, post-grant proceedings, patent prosecution,... | Read More
Dr. Yu practices all aspects of patent law, including patent litigation, post-grant proceedings, patent prosecution, patent portfolio development, and client counseling related to computers, consumer electronics, software, medical devices, and information systems. Her patent office practice includes drafting and prosecuting U.S. and foreign patent applications and representing clients in post-grant review proceedings before the PTAB. Dr. Yu’s diverse technological experience encompasses all aspects of electrical and computer technologies, including telecommunications, computer networks, image and video processing, medical devices, unmanned aerial systems, software, and business methods.
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