New Developments in Patent-Eligibility with a Focus on the Abstract Idea Exception (Live MBHB Webinar)

Wed., February 20, 2019 | 10:00-11:15 a.m. CT | Live MBHB Webinar via WebEx

Since the Supreme Court’s Alice v. CLS Bank decision, the patent-eligibility of computer-implemented and business method inventions has become difficult to ascertain.  While there remains no simple way to characterize what is needed for an invention to pass this hurdle, a number of strategies are available that can increase the likelihood of a favorable outcome for patentees in the USPTO and in court.

This presentation will provide an up-to-date overview of recent 35 U.S.C. Section 101 happenings, with topics including:

  • An overview of the important Section 101 case law from 2018, including the impact of Berkheimer v. HP

  • How to rebut specific types of Section 101 invalidity contentions

  • A discussion of claim drafting to survive Section 101 scrutiny, focusing on machine learning as an example

  • How recent initiatives by Director Andrei Iancu might or might not change how the USPTO views Section 101, including the USPTO’s January update to its patent-eligibility examination guidelines

Presenter: MBHB partner Michael Borella, Ph.D.

McDonnell Boehnen Hulbert & Berghoff LLP is committed to educating clients and friends of the firm with respect to significant developments and trends in the areas of intellectual property law.

NOTE: MCLE credit is not available for this archived recording. 

Access an archived audio version of this webinar here