1-Day Program

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Overview

Why You Should Attend

Has the 35 USC 101 conundrum been solved? We will provide insight to that question from both the PTO and caselaw (District Court, CAFC, and S.Ct.). The 101 eligibility issue is one that has a decades long echo. What is the current state of PTO policy and CAFC decision-making and where will we collectively be in the years and decades ahead — during the enforcement period of patents now prosecuted and acquired? Gain some understanding from our presenters.

Prior art (102) (pre and post-AIA) and obviousness (103) are covered inside and outside the USPTO. Obtain an understanding of recent interpretations, along with some perspective on the future of both. Will the Helsinn aftershock obtain any legislative interest?

What You Will Learn

  • Section 101: what to do?
  • 102 and its dates: is the “grace period” real?
  • Understanding the “effective filing date” in global terms
  • Analyzing 102 — pre- and post-AIA
  • A comprehensive review of post-KSR 103 via CAFC and PTAB precedent
  • Impact of benefit claims on the prior art date of an “effectively filed” reference and the “effective filing date” of the application being examined

Who Should Attend

The program is geared to patent lawyers/agents who have a daily familiarity with existing 35 USC 101/102/103 in either a litigation or patent prosecution context or both. 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.

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Credit Details

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