Biotech Patents and Section 101 Rejections: Meeting Patent Eligibility Requirements

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Thursday, June 8, 2017
1:00 pm
A live CLE webinar

Location: Webinar

There has been an increase in the number of §101 rejections overall, including biotechnology related patents, since the Supreme Court’s decision in Alice Corp. v. CLS Bank (2014). Further, the district courts have invalidated approximately 70% of the patents challenged under §101. The Alice Corp. decision and those applying it provide guidance on what subject matter is eligible for patent protection under §101.
Following the decision, the USPTO released a memorandum on preliminary examination instructions in light of Alice Corp. This memorandum as well as the USPTO’s March 2014 guidance prompted new patent eligibility rejections.

Applicants should anticipate more rejections going forward. For clients who receive a §101 rejection, counsel must plan and implement well-thought-out strategies for overcoming the rejections.

Denise M. Kettelberger, Ph.D. and Katherine M. Kowalchyk, Ph.D., Partner at Merchant & Gould, will provide guidance for patent counsel for overcoming §101 rejections for biotech patents. The panel will review recent case law and USPTO guidance on §101 patent eligibility and offer strategies to address §101 rejections.
The panel will review these and other key issues:

• What impact has the Alice Corp. decision had on §101 rejections for biotech patents?
• What guidance does the USPTO’s memorandum on preliminary examination instructions in light of Alice Corp. provide?
• What other strategies should patent counsel implement to overcome §101 rejections for biotech patents?
• How can patent counsel guide applicants in reducing the likelihood of rejection?

Register online or call 1-800-926-7926 ext. 10
Ask for Biotech Patents and Sect.101 Rejections on 6/8/2017
Mention code: ZVTAC

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