Learn how your company's patents stand in the eyes of the court and how to recognize when a patent claim may be successful.
Every industry relies on software in some form, from financial services to clinical diagnostics and bioinformatics to supply chain management. It's important to protect software innovations through strong patents, but this has been difficult in recent years due to decisions on patent subject matter eligibility from the Supreme Court and Federal Circuit. Dozens of issued patents have been invalidated in precedential decisions, and thousands more stand on shaky ground. Are business methods and software still patentable? Are your issued patents still valid? Even if you do manage to get your application granted by the patent office, will a court just throw it out? This topic examines recent patent eligibility jurisprudence including the USPTO's own internal guidance and training for patent examiners, and will help you understand the eligibility tests applied by the patent office and courts. The material also provides tips and strategies for application drafting and patent prosecution to obtain strong, valid patents; and conversely to identify issued patents that are vulnerable to invalidation. Identifying potentially invalid patents in their own portfolios may help companies avoid costly and unsuccessful litigation. Accused infringers will also be better able to negotiate settlements or avoid litigation once able to identify and articulate weaknesses in competitors' patents. This information is critical for patent prosecutors, litigators, and corporate IP counsel to obtain and enforce strong patent protection.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Patent Subject Matter Eligibility Under 35 U.S.C. §101
- Supreme Court and Federal Circuit Jurisprudence: Bilski v. Kappos, Mayo v. Prometheus, Alice Corp. v. CLS Bank
- The USPTO's Guidance to Examiners: A Different Test? Ex Parte Amancherla, Ex Parte Cummings, Ex Parte Cortina
- Synergizing the Federal Circuit's Decisions With the USPTO's Two-Prong Test: SRI International v. Cisco, Bridge and Post v. Verizon Communications, Uniloc v. ADP, American Axle v. Neapco, KPN v. Gemalto
Particular Issues With Software Patents and 35 U.S.C. §112
- Functional Claiming: What's the Structure of a Module?
- Williamson v. Citrix Online and the USPTO's Guidance to Examiners
- Recent Decisions Invalidating Patents Under 35 U.S.C. §112 Rather Than §101: Ex Parte Ehlers, Ex Parte Mauri, Taylor v. Iancu
Strategies for Application Drafting and Prosecution
- Drafting Tips: Functionality, Complexity, Problem Solving, and Steering Applications
- Prosecution Tips: Examiner and Art Group Allowance Rates; Arguments That Don't Work, and Arguments That Do
Conclusion and Question
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on May 29, 2020.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.5
- Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.5
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
- Arizona CLE 1.5
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.5
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- IL CLE 1.25
- This course was approved for a total of 1.25 hours of MCLE Credit by the Illinois MCLE Board.
- MO CLE 1.8
- This course qualifies for self-study CLE credit in Missouri.
- NM CLE 1.5
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
- NY CLE 1.5 including Skills 1.5
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Skills for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.5
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
- VT CLE 1.5
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
- NALA 1.45
- This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements.
Program Length: 1.45 hour(s).
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Daniel Rose
Volpe & Koenig, P.C.
- Shareholder with the intellectual property law firm Volpe Koenig PC and a member of the firm’s Computer Technology Software and Business Methods and Electrical Technology and Components teams
- Practice emphasizes all aspects of IP counseling and patent prosecution, particularly in software development, artificial intelligence and machine learning, networking and communications, cybersecurity and cryptocurrencies, media processing and encoding, and bioinformatics
- Conducts regular seminars and workshops on software patentability and patent drafting and prosecution
- Admitted in Massachusetts and before the United States Patent and Trademark Office
- J.D. degree, intellectual property concentration, patent law specialization, magna cum laude, Suffolk University Law School
- Can be contacted at [email protected], www.linkedin.com/in/danrose, or @LackingUtility
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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