Patent Eligibility and Engineered Natural Products: Overcoming 101 Challenges, Leveraging Options for IP Protection
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will guide patent counsel on patent eligibility issues with engineered natural products. The panel will examine the key considerations in determining patentability and review recent case law. The panel will also address alternatives for getting IP protection for engineered natural products.
Outline
- Determining whether a product is patentable: key considerations
- Recent cases and what they mean for patentability of engineered natural products
- Other options for protecting IP rights in engineered natural products
- Method claims
- Product by process claims
- Trade secrets
- Others
Benefits
The panel will review these and other relevant issues:
- What are the hurdles for patent counsel to demonstrate an engineered natural product is patentable?
- How can patent counsel meet the requirements under Sec. 101 in patent applications for engineered natural products?
- What steps should patent counsel take to minimize the likelihood of Sec. 101 rejections?
- What other IP options are available where Sec. 101 rejections cannot be overcome?
Faculty
Megan L. Meyers
Attorney
Finnegan Henderson Farabow Garrett & Dunner
Ms. Meyers focuses on patent litigation, specifically Abbreviated New Drug Application (ANDA) matters at the district... | Read More
Ms. Meyers focuses on patent litigation, specifically Abbreviated New Drug Application (ANDA) matters at the district court level and in appeals to the U.S. Court of Appeals for the Federal Circuit, as well as patent prosecution and client counseling. She has experience representing pharmaceutical patent holders in ANDA and 505(b)(2) application litigations arising under the Hatch-Waxman Act. She has technical experience in the biomedical field, including technologies such as prosthetic limbs and orthotic devices.
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Jeffrey D. Smyth
Partner
Finnegan Henderson Farabow Garrett & Dunner
Mr. Smyth practices intellectual property litigation in a wide variety of areas, with a particular focus on cases... | Read More
Mr. Smyth practices intellectual property litigation in a wide variety of areas, with a particular focus on cases involving pharmaceutical and life sciences technologies. He applies a thorough and creative approach to disputes in U.S. district courts, appeals at the U.S. Federal Circuit of Appeals, and arbitration proceedings, which is often where clients’ most important assets are at stake. Mr. Smyth litigates complex disputes involving patents, copyrights, and allegations of trade secret misappropriation in cases involving technologies across fields, including electrical, mechanical, and computer inventions. He is involved in all aspects of U.S. district court litigation, including pre-litigation activity and analysis, written discovery, taking and defending depositions, working with experts, and drafting motions and legal briefs. Mr. Smyth’s trial experience includes participating in jury trials in the Northern District of California, virtual trials in American Arbitration Association arbitrations, and appeals before the Federal Circuit.
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