Obviousness Standard: Leveraging Latest PTO and Court Guidance
Overcoming Challenges of Obviousness and Attacks on Patent Validity
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide patent counsel with guidance on the evolving obviousness standard. In a post-AIA, post-KSR v. Teleflex world in which obviousness is at times confused with patent eligibility under Section 101, how is the Federal Circuit’s treatment of obviousness issues changing? How does the Patent Trial and Appeal Board (PTAB) handle obviousness in the increasingly popular inter partes review (IPR) proceedings? Even though the burden to prove invalidity remains with the accused infringer, is the standard for patentees to prevail on non-obviousness under Section 103 more confusing than ever? Our panel with answer these and other essential questions.
- Background for the obviousness standard
- Federal Circuit treatment of PTAB decisions in appeals of final rejections in ex parte and inter partes reexaminations
- Federal Circuit treatment of district court decisions
- IPR decisions and results on Federal Circuit review
- Practice tips
The panel will review these and other high profile issues:
- How have recent Federal Circuit decisions impacted application of the obviousness standard?
- What level of “unexpected results” is needed to demonstrate patentability?
- How can practitioners leverage recent decisions in which the Federal Circuit has insisted upon more thorough, reasoned explanations of the PTO’s obviousness conclusions?
- What strategies should patentees and petitioners employ to prevail on obviousness assertions in an IPR proceeding, and how will those strategies fare at the Federal Circuit?
William R. Reid
Mr. Reid serves as primary U.S. patent prosecution counsel for the European division of one of the world’s... | Read More
Mr. Reid serves as primary U.S. patent prosecution counsel for the European division of one of the world’s largest plastics, chemical and refining companies. He also prosecutes patent applications, performs patentability, freedom-to-operate, and infringement analyses and negotiates secrecy and joint development agreements. Prior to joining the firm, he served as senior counsel at LyondellBasell Industries, where he provided support to various business units in agreement preparation and negotiation, patent drafting and prosecution, trademark prosecution, and client counseling and education.Close
Jon L. Schuchardt, Ph.D.
Mr. Schuchardt is a client-focused IP professional, fluent in organic chemistry, catalysis, and polymer chemistry, with... | Read More
Mr. Schuchardt is a client-focused IP professional, fluent in organic chemistry, catalysis, and polymer chemistry, with 22 years of experience in IP law. He is an expert in devising patent strategies, growing patent portfolios, counseling business leaders, drafting applications, and improving IP processes. He has prepared, filed and prosecuted more than 270 patent applications. Mr. Schuchardt is also an inventor on 15 issued U.S. patents.Close