Section 102 and Prior Art: Navigating the Expanded Scope of Prior Art and AIA Exceptions

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


Tuesday, July 23, 2019

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, June 28, 2019

or call 1-800-926-7926

This CLE webinar will examine AIA Section 102 prior art and the AIA exceptions. We will offer best practices for identifying relevant prior art when filing or challenging patent applications, and making the correct choice of law for prosecuting.

Description

The AIA significantly altered what constitutes available prior art that can be used to challenge patent claim validity/patentability or reject patent claims. Significantly, the AIA expanded the potential for prior art but contracted the universe of the available prior art in certain instances.

Because of the long tail of pre-AIA patents and patent applications, counsel must grasp pre-AIA rules as well as the post-AIA rules. A provisional application filed before the AIA's first possible filing effective date (Mar. 16, 2013) followed up by a non-provisional application where all claims that issue still have an effective filing date before Mar. 16, 2013, is considered a pre-AIA patent for 20 years from the nonprovisional filing date--or more if eligible for a term extension or adjustment.

Moreover, an application containing claims having (or ever having) an effective date before Mar. 16, 2013, and claims having (or ever having) an effective filing date after Mar. 15, 2013, will be subject to post-AIA Section 102 and pre-AIA Section 102(g) for all claims.

Patent counsel operating in the world of pre-AIA and post-AIA patentability requirements and prior art must understand the current state of the law and choice of law implications. This impacts prosecution, due diligence, litigation, and proceedings before the Patent Trial and Appeal Board (PTAB).

Listen as our authoritative panel of patent attorneys examines AIA Section 102 prior art and the AIA exceptions in patent applications. The panel will analyze the case law to date, and offer best practices for identifying relevant prior art when filing or challenging patent applications, i.e., making the correct choice of law.

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Outline

  1. Section 102 under the AIA
    1. Definition of prior art
    2. "Secret" prior art
    3. Effectively filed requirements
    4. Interplay with pre-AIA applications
  2. FITF USPTO examination guidelines
  3. Choice of law issues
  4. Recent AIA 102 decisions
  5. District court and Federal Circuit AIA 102 decisions
  6. Best practices for identifying and dealing with prior art

Benefits

The panel will review these and other key issues:

  • How did AIA expand the definition of prior art?
  • What are the Section 102 exceptions and what is the impact on Section 103 art?
  • How can counsel claim--or defend against--post-AIA patent applications asserting priority over pre-AIA applications?
  • What practices should patent counsel employ in order to utilize prior art?

Faculty

Irving, Thomas
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

Hines, Doris
Doris Johnson Hines

Partner
Finnegan Henderson Farabow Garrett & Dunner

Ms. Hines focuses her practice on patent litigation and has led teams in U.S. district courts, the U.S. International...  |  Read More

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