Overcoming 101 Rejections for Computer and Electronics Related Patents
Leveraging USPTO Guidance and Recent Decisions to Meet 101 Patent Eligibility Requirements
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will guide patent counsel in overcoming Section 101 rejections for computer and electronics related patents. The panel will review recent case law and USPTO guidance on 101 patent eligibility and offer strategies to address Section 101 rejections.
Outline
- State of the law and latest post-Alice Corp. trends
- Federal courts
- PTAB
- USPTO examiners
- Strategies for addressing 101 rejections
- Identifying and arguing deficiencies in examiner's characterization and addressing the rationale for rejection
- Examiner interviews
- Amending claims
- Improved drafting to avoid rejections
Benefits
The panel will review these and other critical issues:
- What are the significant recent 101 decisions at the Federal Circuit, the district courts, and PTAB?
- How can specifications and claims be drafted to guard against 101 rejections?
- What strategies and arguments can be used in patent prosecution to overcome 101 rejections?
Faculty
Bryan Hart
Shareholder
Brooks Kushman
Mr. Hart practices all areas of patent law, specializing in preparing and prosecuting patent applications in the... | Read More
Mr. Hart practices all areas of patent law, specializing in preparing and prosecuting patent applications in the mechanical and electrical arts. He excels at mastering complex technical information while maintaining the big picture and communicating key concepts in a comprehensible, concise, and persuasive manner. His applications have covered autonomous vehicles, object tracking for collision avoidance, seatbelt assemblies, airbag assemblies and deployment, vehicle crash testing, additive manufacturing, and automobile frames, among other areas. Mr. Hart has participated in cases in federal district court, investigations before the International Trade Commission, and inter partes review proceedings before the Patent Trial and Appeal Board. He has experience with a wide variety of technologies, including LTE (long-term evolution) standards, in-dash GPS units, textiles, enterprise storage systems, mobile-phone operating systems, lottery-ticket printing, hydraulic fracturing (fracking) equipment, lithium-ion battery packs, 2D-to-3D conversion software, cloud computing, content distribution networks, piston solid lubricants, and prosthetic knee replacements. His litigation experience helps him keep a patent’s ultimate potential outcome—enforcement—in mind throughout the prosecution process.
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Michael P. Shepherd
Principal
Fish & Richardson
Mr. Shepherd’s practice emphasizes client counseling and patent prosecution in the areas of software and other... | Read More
Mr. Shepherd’s practice emphasizes client counseling and patent prosecution in the areas of software and other computer-related technologies. He has significant experience counseling clients on obtaining patent protection for a variety of technically complex technologies, including computer architecture and chip design, graphics processing units, robotics, neural networks and other machine learning technologies, programming language design, static analysis of source code, and cloud computing platforms and applications.
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