Patent Eligibility, Duty to Disclose and More: USPTO Manual of Patent Examining Procedure Guidance
Recording of a 90-minute premium CLE webinar with Q&A
This CLE webinar will examine revisions to the USPTO Manual of Patent Examining Procedure (MPEP). The panel will discuss patent eligibility, duty to disclose, and other updates to the MPEP. The panel will explore the impact on patent prosecution and beyond and provide best practices for applying the guidance or how to remedy instances where guidance is not followed, particularly in the area of duty to disclose.
Outline
- Patent eligibility
- Duty to disclose
- Other amendments
- Best practices for applying the new guidance
Benefits
The panel will review these and other vital issues:
- How will examiners apply the revised MPEP?
- How can patent counsel use the revised MPEP to bolster their arguments when patents are being examined? And how, if at all, can principles of the MPEP be used to bolster patents subject to AIA post-grant proceedings or litigation?
- How does, if at all, the USPTO's disclosure standard differ from the courts' position?
Faculty

Adriana L. Burgy
Partner
Finnegan Henderson Farabow Garrett & Dunner
Ms. Burgy focuses on opinion work, client counseling, patent prosecution and management, and litigation in the... | Read More
Ms. Burgy focuses on opinion work, client counseling, patent prosecution and management, and litigation in the chemical, pharmaceutical, and biotechnology arts. She counsels her clients on a diverse range of patent issues. She assists clients on single-patent issues as well as complex matters involving multiple patents and applications requiring ongoing advice on patent portfolio strategy and development, with an eye towards litigation. From a patent prosecution perspective, she has drafted and prosecuted numerous patent applications domestically and internationally, guided and advised clients on complex procedural and legal issues surrounding clients' patent portfolios, developed and implemented strategic prosecution in support of ongoing litigation, generated strategies for maximizing investment in patent portfolios, and facilitated the identification of high-priority applications within patent portfolios.
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Thomas L. Irving
Partner
Finnegan Henderson Farabow Garrett & Dunner
Mr. Irving has 35 years of experience in the field of IP law. His practice includes due diligence, patent prosecution,... | Read More
Mr. Irving has 35 years of experience in the field of IP law. His practice includes due diligence, patent prosecution, reissue and reexamination, patent interferences, and counseling, including prelitigation, Orange Book listings of patents covering FDA-approved drugs, and infringement and validity analysis in the chemical fields, as well as litigation. He has served as lead counsel in many patent interferences.
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Christopher C. Johns
Attorney
Finnegan Henderson Farabow Garrett & Dunner
Mr. Johns maintains a diverse patent practice, including drafting and prosecuting patent applications related to... | Read More
Mr. Johns maintains a diverse patent practice, including drafting and prosecuting patent applications related to electronics, software, telecommunications, and business methods; providing client counseling and portfolio management; and handling post-grant proceedings including inter partes review and covered business methods. He also provides freedom-to-operate opinions and has assisted on district court litigations related to telecommunications, computer software, and mechanical devices. Before joining Finnegan, he served as a patent examiner at the U.S. Patent and Trademark Office (USPTO) for nearly five years.
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