Monday, May 11, 2020
Conditions For Patentability; Novelty: Inside And Outside The Pto – Cases And Decisions
Sasha Rao is presenting for a webinar with the Practising Law Institute on May 11th.
The Supreme Court continues its interest in the U.S. patent system. “Secret sales” are now prior art events. In addition, 35 USC 101, a topic of weekly conversation between ourselves and our clients, remains unsettled. The CAFC has found no clear path through the Mayo/Myriad/Alice minefield! The Patent Eligibility conundrum continues as to both current PTO guidelines and CAFC decisions; and, where we will be in the years and decades ahead – during the enforcement period of patents now prosecuted and acquired.
This program includes 35 USC 101, patent eligibility, and the touchstones of patentability: prior art (102), obviousness (103), and disclosure (112). Obtain a working understanding of recent interpretations, case law, along with some perspective on the future of both.
What You Will Learn
- Section 101: still on the move?
- 102 and its dates: is there a “grace period” for a secret sale?
- Understanding the “effective filing date” in global terms
- Analyzing 102 – pre- and post-AIA
- A comprehensive review of KSR and 103 via the CAFC and PTAB
- Impact of benefit claims on the prior art date of a reference and the effective filing date of the application being examined
- Predictions as to Statutory adjustment in 2020 for 101 and 112
Who Should Attend
The program is geared to patent lawyers who have some familiarity with existing 35 USC Sections 101/102/103/112 and regularly work with the statute in either litigation or patent prosecution. The course will advance the knowledge of all attendees from their respective starting points and provide new insights into the statute, recent amendments, and case law.