Patent-Eligibility Update: Abstract Ideas in the Federal Circuit and USPTO (Live MBHB Webinar)

Wed., Feb. 22, 2017 | 10:00-11:15 a.m. CT | Live MBHB Webinar via WebEx

2016 was an interesting year for patent-eligibility. Four times, the Federal Circuit found software claims eligible for patent under 35 U.S.C. § 101, representing a marked change in how applicants and patentees can address this topic. Additionally, the USPTO has updated its patent-eligibility guidelines. This webinar will review the new case law and USPTO guidance, with an eye toward how each is being applied in practice. Discussion will include:

  • A review of the Enfish, BASCOM, McRO, and Amdocs cases.

  • A comparison of these cases to others in which the Federal Circuit found claims to be ineligible, emphasizing important distinctions made by the court.

  • Do’s and don’ts of claim drafting / amending in light on these developments.

  • Introduction of a framework for determining how a given set of claims might be viewed under § 101, with an emphasis on what characteristics makes claimed inventions more likely to be eligible.

  • Open issues not yet answered by the courts.


Presenter(s): MBHB partner Dr. Michael Borella


Access an archived audio version of this webinar here.

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


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.