Since the Supreme Court’s Alice v. CLS Bank decision, the patent-eligibility of computer-implemented and business method inventions has become difficult to ascertain. While there remains no simple way to characterize what is needed for an invention to pass this hurdle, a number of strategies are available that can increase the likelihood of a favorable outcome for patentees in the USPTO and in court.
This presentation will provide an up-to-date overview of recent 35 U.S.C. Section 101 happenings, with topics including:
- An overview of the important Section 101 case law from 2018, including the impact of Berkheimer v. HP
- How to rebut specific types of Section 101 invalidity contentions
- A discussion of claim drafting to survive Section 101 scrutiny, focusing on machine learning as an example
- How recent initiatives by Director Andrei Iancu might or might not change how the USPTO views Section 101, including the USPTO’s January update to its patent-eligibility examination guidelines.
New Developments in Patent-Eligibility with a Focus on the Abstract Idea Exception
Live MBHB Webinar
Wednesday, February 20, 2019
10:00-11:15 a.m. CT
MBHB partner Michael Borella, Ph.D.
While there is no fee to participate, all attendees must register in advance and, in order to receive MCLE credit, must participate online and individually. Register online here
MCLE credit is pending for the states of California, Illinois, New Jersey,* New York,* North Carolina and Virginia (*via reciprocity).
McDonnell Boehnen Hulbert & Berghoff LLP is committed to educating clients and friends of the firm with respect to significant developments and trends in the areas of intellectual property law.
Register online here: