Patent Strategies: Surviving in a Post #Alicestorm (Live Webinar)
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When: Tuesday, May 17, 2016
12:00 - 1:00 pm
Where: Live Webinar
United States
Contact: Christy Cronin

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This Intellectual Property Section presentation will focus on practical strategies for overcoming Section 101 rejections:

  • There has been a dramatic and sustained increase in the rate of Section 101 invalidations after Alice, particularly through early dispositive motions.  While business methods patents make up a large fraction of the patents invalidated to date, the courts have invalidated a wide variety of software patents as well in all fields of technology.

  • In the USPTO, Section 101 rejections likewise increased dramatically in the software, biotech, and especially business method technology areas. The USPTO’s “Interim Guidance” and “July Update” memoranda are being inconsistently interpreted by patent examiners.

  • The patent examiners in the business method art units appear to reject applications at much higher rates than examiners in other areas, even for the same types of technologies.  In addition, the methodology used by patent examiners in these art units is at odds with the express language of the Interim Guidance.

  • Prosecution strategies should focus less on attempting to convince the examiner that there is no abstract idea, and more on the claim limitations that provide improvements to the technology.


Robert Sachs, Fenwick & West (view bio)

Jason Sytsma, Shuttleworth & Ingersoll, Cedar Rapids, Iowa (view bio)

CLE CREDIT (approved)
1 state hour

ISBA Intellectual Property Law Section Members - $30
Please use promo code IP30 when registering to receive the $30 rate. This code is for ISBA Intellectual Property Law Section members only.

ISBA Members - $35
Non-ISBA Members - $50


Any materials related to this live webinar, as well as joining instructions, will be sent via e-mail prior to the event. Please include an e-mail address when registering for this event. ISBA members, please make sure we have your most up-to-date e-mail address.

Sponsored by The Iowa State Bar Association Intellectual Property Law Section