Patent Drafting for Machine Learning: Claim Strategy, Patent Eligibility, and Disclosure Requirements for the U.S. and Europe

A live 90-minute premium CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
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Tuesday, March 1, 2022

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, February 11, 2022

or call 1-800-926-7926

This CLE course will assist patent practitioners in drafting high quality patent applications for machine learning inventions. The panel will discuss different claim styles and framings that may be appropriate for different machine learning inventions, how to anticipate and minimize the risks of Sect. 101 or 112 rejections, and best practices for success before the European Patent Office (EPO).

Description

Machine learning is a cutting-edge field of technology that is being increasingly applied in many different contexts, from pure information technologies to practical applications such as autonomous robotics. However, inventions in machine learning pose challenges for patent practitioners drafting patent applications.

As one example, current machine learning workflows include multiple components such as data acquisition, data preparation, model selection or design, model learning or training, and deployment of the trained model within a larger computing context or application. Counsel should examine the invention to understand how the invention's novelty relates to each of these components and then draft claims that have a style and framing that optimally captures the invention based on its position in the workflow.

Further, the scope of patent-eligible machine learning technology is an evolving area of law in the United States and Europe. Understanding the contours of subject matter eligibility in the U.S. and Europe enables improved filing decisions and drafting with eligibility requirements in mind, leading to a greater likelihood of success.

Counsel may also face challenges when seeking to comply with the disclosure requirements such as those outlined in Section 112. Considering and addressing these challenges when drafting patent applications for machine learning inventions can benefit applicants by producing valid and enforceable patents.

This webinar will assist counsel in understanding both the USPTO's and the EPO's approach to examining machine learning inventions. Counsel that is well versed in both the U.S. and EU approaches can successfully navigate challenges in obtaining patent protection in multiple jurisdictions.

Listen as our authoritative panel of patent attorneys examines different claim styles and framings that may be appropriate for different machine learning inventions, how to anticipate and minimize the risks of Sect. 101 or 112 rejections, and best practices for success before the EPO.

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Outline

  1. Understanding the components of a machine learning invention
  2. Claim strategies for machine learning inventions, style, and framing
  3. The current state of subject matter eligibility for machine learning in the U.S. and Europe
  4. Disclosure requirements in the U.S. and Europe
  5. Drafting techniques for satisfying patent eligibility and disclosure requirements

Benefits

The panel will review these and other relevant issues:

  • What is the appropriate way to claim machine learning inventions?
  • How can patent counsel meet the requirements under Sections 101 and 112 in machine learning patent applications?
  • How does the EPO treat patent applications for machine learning technologies differently than the USPTO?
  • What steps should patent counsel take to satisfy patent eligibility and disclosure requirements?

Faculty

Arrowsmith, Peter
Peter Arrowsmith

Partner
Gill Jennings & Every

Mr. Arrowsmith is often ranked as one of the leading patent attorneys in the UK. His technical focus is in physics with...  |  Read More

Borella, Michael
Dr. Michael S. Borella, Ph.D., J.D.

Partner; Co-Chair Software and Business Methods Practice Group
McDonnell Boehnen Hulbert & Berghoff

Dr. Borella provides legal and technological advice in support of validity, infringement, patentability analyses, and...  |  Read More

Thayer, Linda
Linda J. Thayer

Partner
Finnegan Henderson Farabow Garrett & Dunner

Ms. Thayer focuses her practice on patent litigation and administrative trial procedures to request review of the...  |  Read More

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Early Discount (through 02/11/22)

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Early Discount (through 02/11/22)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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