Overcoming Sect. 101 Rejections Post-Alice Corp.
Leveraging USPTO Guidance and Recent Decisions to Meet Sect.101 Patent Eligibility Requirements
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance for patent counsel for overcoming §101 rejections. The panel will review recent case law and USPTO guidance on §101 patent eligibility and offer strategies to address §101 rejections.
- Review of Alice Corp. and the Court’s position on §101
- USPTO guidance
- Memorandum on Preliminary Examination Instructions in Light of Alice Corp.
- Guidance for Determining Subject Matter Eligibility of Claims Reciting or Involving Laws of Nature, Natural Phenomena, & Natural Products
- Strategies for overcoming §101 rejections
- Identifying and arguing deficiencies in examiner’s characterization
- Examiner interviews
- Addressing rationale behind rejection
- Amending claims
- Improved drafting to avoid rejections
The panel will review these and other key issues:
- What impact has the Alice Corp. decision had on §101 rejections?
- What guidance does the USPTO’s memorandum on Preliminary Examination Instructions in light of Alice Corp. provide?
- What other strategies should patent counsel implement to overcome §101 rejections?
- How can patent counsel guide applicants in reducing the likelihood of rejection?
Prior to forming the firm, an IP boutique serving clients nationally and internationally, Mr. Bieneman was a partner in... | Read More
Prior to forming the firm, an IP boutique serving clients nationally and internationally, Mr. Bieneman was a partner in a Michigan IP firm. He was also a patent examiner with the USPTO, where he examined claimed inventions in the areas of computer software, databases, and the World Wide Web. Mr. Bieneman has served as an adjunct professor of Computer Law at the Thomas M. Cooley Law School.Close
Denise M. Kettelberger, Ph.D.
Sunstein Kann Murphy & Timbers
Dr. Kettelberger is a patent attorney with deep experience in bioscience industries. She has special expertise in IP... | Read More
Dr. Kettelberger is a patent attorney with deep experience in bioscience industries. She has special expertise in IP procurement and enforcement strategies, portfolio management and review, and IP analysis and opinions. Dr. Kettelberger also participates in litigation as a strategist and has been responsible for reexamination of U.S. patents.Close
Katherine M. Kowalchyk, Ph.D.
Merchant & Gould
Dr. Kowalchyk concentrates her practice in IP law, with a particular emphasis in biotechnology. She is experienced in... | Read More
Dr. Kowalchyk concentrates her practice in IP law, with a particular emphasis in biotechnology. She is experienced in patentability assessment, strategic filing, and coordinated prosecution of worldwide patent applications, including prior art management, PTO examiner interviews, appeals, and oppositions. She also handles licensing transactions, IP due diligence for technology and licensing transactions, M&As, product launches, and public offerings.Close