“Patent Prosecution and Defeating Abstractness: Minimizing the Risk of Sect. 101 Rejection” scheduled for Thursday, November 10, 1:00pm-2:30pm EST.
The Supreme Court’s decision in Alice implemented a two-step test, the first of which focuses on abstractness. Since Alice, the Federal Circuit has issued decisions that provide guidance on determining whether a claim is directed to an abstract idea. The Enfish, BASCOM, DDR Holdings, Rapid Litigation and McRO rulings help bring clarity to the Alice test.
In DDR Holdings and BASCOM, the Federal Circuit discussed a problem-solution approach to finding patent eligibility, despite abstractness. In Enfish and McRO, the Court emphasized the Specification’s teachings vis-à-vis the prior art. These cases provide guidance on how to successfully navigate the post-Alice minefield of 35 U.S.C. § 101 abstractness rejections in the absence of a clear guideline on what is considered abstract.
Our panel will examine recent Federal Circuit decisions on patent eligibility for software. The panel will discuss the Court’s different approaches and offer best practices for demonstrating patent eligibility.
We will review these and other key issues:
- How are the courts applying the framework for patent eligibility created in Alice?
- What guidance can be gleaned from the Federal Circuit’s decisions in Enfish, BASCOM, DDR Holdings, Rapid Litigation and McRo?
- What are best practices for patent counsel to avoid patent-eligibility issues?
After our presentations, we will engage in a live question and answer session with participants so we can answer your questions about these important issues directly.
I hope you’ll join us.