6-Hour Program

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Overview

The Supreme Court has had a profound effect on the U.S. patent system. The formerly settled backwater of 35 USC 101 has become a moving target, both at the CAFC and PTAB. The conundrum is not just what the current PTO guidelines or CAFC decisions are of today but, rather, where will we be in the years and decades ahead - during the enforcement period of patents now prosecuted and acquired in life-sciences and computer methods. In addition, the remaining touchstones of patentability, prior art (102) and obviousness (103), are thoroughly explored.  Obtain an essential working understanding of this complicated statute, including recent interpretations, and case law, along with some perspective on the future of both. 

The program is geared to patent lawyers who have some familiarity with existing 35 USC Sections 101/102/103 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.  

Topics Include

  • Section 101-on the move-where?
  • 102 and its dates: Is there a “grace period” for a secret sale?
  • Understanding the “effective filing date” in global terms
  • Analyzing 102 - pre and post AIA
  • A comprehensive review of KSR and 103 via the CAFC and PTAB
  • 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
  • Application of the new 101 and 103 PTO specific guidance post-MyriadMayoAlice and KSR respectively

Credit Details