Why you should attend
Patent reform has arrived: what will be its impact on those touchstones of patentability, prior art and obviousness? 102 was already a complicated concept for patent practitioners, having undergone evolving interpretations in the PTO and CAFC. How will the AIA now complicate matters further? What aspects of current 102 understanding carry over to new 102? How does the concept of “prior art” and circumstance collide in the 21st century? How does prior art on the web impact the practice? What is truly enabled? This program will allow you to obtain an essential working understanding of this newly complicated statute, including recent interpretations, case law, explore and understand the statutory revisions. Meanwhile, obviousness, the most common reason any application is rejected or patent held invalid, is continuing to evolve as a result of KSR
already 6 years old). Explore 103 from inside and outside the PTO as both the CAFC and PTO try to shoehorn their past decisions into a KSR
What you will learn
- The new AIA 102 and its dates. What is the new “grace period”?
- Is it truly a world-wide landscape of “filing date” prior art?
- The “effective filing date” is now global - if it publishes/issues in the U.S.
- Is Old 102 really gone……or, is it preserved in other guises?
- A thorough review of the recent KSR 103 “guidelines” inside the PTO
- Examine the impact of proper and improper benefit claims on the prior art date of a reference and the effective filing date of the application being examined
- How do you apply 103 post-KSR and the 2010 PTO Guidelines and recent CAFC decisions outside the PTO?
Who should attend
The program is geared to patent lawyers who have some familiarity with existing 35 USC Sections 102/103 and regularly work with the statute in either litigation or patent prosecution. The course will advance the knowledge of all attendees from their respective starting points and provide new insights into the statute, recent amendments, and case law.