1-Day Program

See Credit Details Below


Why You Should Attend

The 35 USC 101 enigma only gets worse! It has become inscrutable. It is now case-to-case, examiner-to-examiner, topic-to-topic, and no legislative or Supreme Court help is on the near horizon. This program will provide tea-leaf style insight from both the PTO and caselaw. The 101-eligibility issue is one that has a long echo, and we have high hope PERA can help (if passed!) the future. But 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 and insight 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. 112 in a post-Amgen world.

What You Will Learn

After completing this program, participants will be able to:

·     Gain insights on Section 101: what to advise?

·     Understand 102 and its dates: is the “grace period” real?

·     Learn about the “effective filing date” across the globe

·     Analyze 102—pre- and post-AIA

·     Receive a comprehensive review of post-KSR 103 via CAFC and PTAB precedent

·     Learn how to get benefit claims right on the first pass and/or fix them rapidly! The prior art date of an “effectively filed” reference and the “effective filing date” on the application being examined

Who Should Attend

This 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.

Program Level: Intermediate

Prerequisites: None

Advanced Preparation: None


Credit Details

Schedule & Location