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Overcoming 101 Rejections for Computer and Electronics Related Patents

Leveraging USPTO Guidance and Recent Decisions to Meet 101 Patent Eligibility Requirements

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, July 25, 2023

Recorded event now available

or call 1-800-926-7926

This CLE course will guide patent counsel for overcoming Section 101 rejections for computer and electronics related patents. The panel will review recent case law and USPTO guidance on 101 patent eligibility and offer strategies to address Section 101 rejections.


Since the Supreme Court's decision in Alice Corp. v. CLS Bank, the USPTO dramatically increased its rejections under 35 U.S.C. 101, and the federal courts and the Patent Trial and Appeal Board have been increasingly active in invalidating issued patents. Further, the USPTO released several memoranda and solicited public comments on patent examination under Alice.

Applicants can anticipate more rejections going forward. Those who receive a 101 rejection and their counsel must plan and implement robust strategies for deciding whether to file and for overcoming patent eligibility rejections issued in pending applications.

Listen as our authoritative panel of patent attorneys discusses how courts and the PTAB have been applying the Alice decision and the USPTO's guidance on 101 rejections. The presenters will offer best practices for patent counsel on ways to address 101 issues.



  1. State of the law and latest post-Alice Corp. trends
    1. Federal courts
    2. PTAB
    3. USPTO examiners
  2. Strategies for addressing 101 rejections
    1. Identifying and arguing deficiencies in examiner's characterization and addressing the rationale for rejection
    2. Examiner interviews
    3. Amending claims
    4. Improved drafting to avoid rejections


The panel will review these and other critical issues:

  • What are the significant recent 101 decisions at the Federal Circuit, the district courts, and PTAB?
  • How can specifications and claims be drafted to guard against 101 rejections?
  • What strategies and arguments can be used in patent prosecution to overcome 101 rejections?


Hart, Bryan
Bryan Hart

Senior Counsel
Bejin Bieneman

Mr. Hart practices all areas of patent law, specializing in preparing and prosecuting patent applications in the...  |  Read More

Shepherd, Michael
Michael P. Shepherd

Fish & Richardson

Mr. Shepherd’s practice emphasizes client counseling and patent prosecution in the areas of software and other...  |  Read More

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