The Knowledge Group Has Scheduled a Live Webcast on USPTO's Subject Matter Eligibility: An Update.
On July 30, 2015, the United States Patent and Trademark Office (USPTO) has issued additional guidelines in determining Subject Matter Eligibility under 35 U.S.C. s. 101. These guidelines conform to the public comments provided in response to the Interim Patent Eligibility Guidance released by the USPTO in December 2014. The various themes of the comments include requests for additional examples of claims directed to abstract ideas and laws of nature; explanation of the markedly different characteristics (MDC) analysis; and clarification of the requirements of a prima facie case of unpatentability under s. 101 and the role of evidence in subject matter rejections.
The newest updates focus on analysis of abstract ideas, particularly in the business method, Graphical User Interface, and software areas. It also provides additional examples of subject matter eligible claims in various technologies as well as sample analyses applying the Supreme Court and Federal Circuit's considerations for determining whether a claim is subject matter eligible. These examples are deem equally valuable to USPTO examiners and applicants by giving both parties cleaner roadmap on the proper analysis for determining patent eligible subject matter.
Both the December 2014 Interim Guidance and the July 2015 Update have shown USPTO's extended efforts to develop and implement policy regarding the judicially recognized patent ineligible exceptions. The significant changes in how the office examines patent applications since the Supreme Court's decisions in Alice Corp v. CLS Bank and Mayo v. Prometheus serve as the turning points in the conventional wisdom of subject matter eligibility.
Unfortunately, the July 2015 Guidance was viewed with obscurity concerning the requirements for establishing a sufficient prima facie case of subject matter ineligibility. It appears to indicate that an examiner can take official notice as to whether additional elements in the claim amount to significantly more than the judicial exception by noting that "a rejection should only be made if an examiner relying on his or her expertise in the art can readily conclude in the Step 2B inquiry that the additional elements do not amount to significantly more."
In this two-hour live Webcast, the Knowledge Group has assembled a panel of key thought leaders and practitioners to help examine the USPTO's July 2015 Interim Guidance. The panel will also highlight the implications of the Guidance on patent eligibility and will provide practical advice and best strategies for drafting claims and writing applications under this latest Guidance.
Some of the major topics that will be covered in this course are:
- Subject Matter Eligibility: An Overview
- 2014 Interim Patent Eligibility Guidance
- July 2015 New Guidance: Practical Implications and Best Practices
- Prima Facie Case
- Recent Decisions
- Alice Corp v. CLS Bank
- Mayo v. Prometheus
- Patent Eligibility: Best Practices for Handling Uncertainties
- Possible Outcomes and Changes
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Michael D. Van Loy, PhD
Fenwick & West LLP
Robert R. Sachs
Kenyon & Kenyon LLP
Maria Luisa Palmese
For an updated list of the faculty panel, please visit:
About The Knowledge Group/The Knowledge Congress Live Webcast Series
The Knowledge Congress brings together the world's leading authorities and industry participants through informative two-hour webcasts that study the impact of changing regulations and help businesses succeed through proper regulatory compliance.
Visit www.theknowledgegroup.org for further information and inquiry.
The Knowledge Congress
Thomas LaPointe, Jr., Executive Director
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Therese Lumbao, Director
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