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Why You Should Attend
The Supreme Court continues its renewed interest in the U.S. patent system. Is a “secret sale” a prior art event? In addition, 35 USC 101, a topic of weekly conversation between ourselves and our clients, has settled somewhat. The CAFC has found a path through the Mayo/Myriad/Alice minefield! The conundrum continues as to not only 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.
This program includes 35 USC 101, patent eligibility, and the touchstones of patentability: prior art (102) and obviousness (103). Obtain a working understanding of recent interpretations, case law, along with some perspective on the future of both.
What You Will Learn
- Section 101: still on the move?
- 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 benefit claims on the prior art date of a reference and the effective filing date of the application being examined
- Application of new 101 PTO specific guidance post-Myriad, Mayo, Alice.
Who Should Attend
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.