This advanced patent prosecution seminar will go into a deep dive on 101 rejections. Users will learn how to recognize when a 101 rejection is likely, how best to prepare, and how to respond. Each concept will be reviewed in-depth.
- Introduction & Overview of 101 Process
- Chambliss intro
- Overview of how the USPTO makes 101 decisions
- Machine, Process, and Manufacture
- Overview of items courts have said are not machine, process and manufacture
- Discussion of hypothetical example
- Law of Nature Exception
- Discussion of law behind Law of Nature Exception
- Distillation of warning signs disclosure might include a law of nature
- Significantly Different Characteristics for Law of Nature
- Discussion of when significantly different and when not
- Discussion of multiple hypothetical examples
- Abstract Idea Exception
- Discussion of law behind abstract idea
- Discussion of types of abstract ideas with examples of each
- Discussion of several hypothetical examples
- Practical Application
- Discussion of how the USPTO decides if exception is integrated into a practical application with examples
- Distillation of how to increase chance USPTO will decide you have integrated into a practical application
- Discussion of why questionable if it will be held up by courts
- Discussion of how new guidance may make USPTO NBP Example 28, which USPTO previously held as unpatentable, patentable
- Significantly More
- Discussion of law behind significantly more for Laws of Nature and Abstract Ideas
- Distillation on how to increase likelihood USPTO will find you have significantly more for Abstract Ideas and Laws of Nature
- Final Takeaways
- Q&A
Chambliss, Bahner & Stophel, P.C.
For over a decade, Daniel Cole has guided independent inventors, startups, college professors, industry professionals, and established businesses through the complexities of intellectual property law. As a registered patent attorney with a specialized focus on chemical and biochemical companies, he evaluates patent and trademark eligibility, drafts IP applications, and advocates for clients in both protecting their rights and defending against unjust infringement claims. Read More ›
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Status: Approved
Credits: 1.00 General
Status: Approved
Credits: 1.00 General
Status: Approved
Credits: 1.00 General
Status: Approved
Credits: 1.00 General
Status: Approved
Credits: 1.00 General
Status: Approved
Credits: 1.20 General
Status: Approved
Credits: 1.00 General
Status: Approved
Credits: 2.00 Total: 1.00 Substantive Law, Practice, and Procedure, 1.00 Substantive Law, Practice, and Procedure
Status: Pending
Credits: TBD
This presentation is approved for one hour of General CLE credit in Alaska, one hour of General CLE credit in California, one hour of General CLE credit in Hawaii, one hour of General CLE credit in Illinois, one hour of General CLE credit in Nevada, one hour of General CLE credit in Ohio, and two hours of total CLE credit in Pennsylvania, of which 1.00 credit hours will apply to Substantive Law, Practice, and Procedure credit , of which 1.00 credit hours will apply to Substantive Law, Practice, and Procedure credit. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. An application for accreditation of this activity has been submitted to the MCLE Committee of the State Bar of Texas and is pending.
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