USPTO’s New Subject Matter Eligibility Guidelines: Is Change Coming?
On April 19, 2018, the United States Patent and Trademark Office (USPTO) released a memo to the Patent Examining Corps modifying examination guidelines for Section 101 rejections. The new guidance, which was issued in light of the recent Federal Circuit decisions on Berkheimer and Aatrix, is expected to improve upcoming patent applications which could result to enhanced patent quality and increased approval rates. Consequently, the USPTO issued another memo on June 7, 2018, addressing the patent eligibility of "method of treatment claims" following the Federal Circuit decision in Vanda Pharms. Inc. v. West-Ward Pharms.
With the continuously evolving landscape of patent law, identifying subject matter eligibility has remained a constant struggle for patent owners. It is, therefore, imperative for businesses and their counsel to keep themselves abreast of the recent updates, such as these guidelines, to be able to maximize opportunities and overcome challenges.
In this LIVE Webcast, a seasoned panel of thought leaders and professionals brought together by The Knowledge Group will provide the audience with an in-depth analysis of the USPTO’s New Subject Matter Eligibility Guidelines. Speakers will present key issues and trends surrounding this significant topic. They will also go beyond the basics and provide a sneak peek of the potential implications of the new guidelines.
Key topics include:
- USPTO’s New Subject Matter Eligibility Guidelines: An Overview
- Trends, Developments and Updates
- Recent Court Decisions
- Vanda Pharms. Inc. v. West-Ward Pharms
- Identifying Red Flags
- Opportunities and Pitfalls
- What Lies Ahead
David Heskel Ben-Meir, Partner
Norton Rose Fulbright
Orlando Lopez, Ph.D., Partner
Burns & Levinson LLP
Who Should Attend:
- IP Attorneys & Consultants
- Patent Attorneys
- Patent Licensing Attorneys
- Patent Litigators
- In-house Counsel
- General Counsel
- Patent Owners
David is based in Norton Rose Fulbright's Los Angeles office. His practice is directed toward litigating, trying and successfully resolving patent, trade secret, and other intellectual property enforcement disputes. David has handled litigation in key jurisdictions across the country, including in the ITC, and post-grant proceedings in the United States Patent and Trademark Office. His practice is focused on claims involving complex technologies in the fields of communications, software, electronics, industrial automation, semiconductor devices, optics, and kinetic architecture and has involved products such as smartphones, automated material handling systems, digital televisions, application specific and general purpose processors, memory devices, power management systems, and display devices, including holographic displays.
David is based in Norton Rose Fulbright's Los Angeles office. His practice is directed toward litigating, trying and successfully resolving …
Orlando Lopez is a Partner in the Firm’s Intellectual Property Group. Prior to joining Burns & Levinson LLP in January 2006, he was with the firm Perkins Smith & Cohen LLP. In his practice, Dr. Lopez concentrates on helping his clients, which range from individual inventors to large multinational corporations and universities, identify and protect their intellectual property and build their patent portfolios. He applies his broad technical expertise and his experience in intellectual property to counsel his clients.
Admitted to practice law in Massachusetts, the Federal Circuit Court of Appeals and the U.S. Patent and Trademark Office, Dr. Lopez has drafted and prosecuted patent applications in diverse areas of technology such as nanotechnology, optics, quantum optics, software, business methods, telecommunications, wireless applications, electronic imaging, medical devices, mechanical and physical devices.
Dr. Lopez also has over twenty-five years of experience at various high technology companies, including Polaroid, Data General, Control Data, and Science Applications, as a technical manager, program manager, engineer and researcher. His experience spans from managing product design projects, managing complex research teams involving software, IC design, optics, mechanics and electronics to being an active researcher in areas from magnetic and optical recording and electromagnetic effects to imaging science. He has broad knowledge in a variety of engineering and physical science disciplines including physical devices, optics, software, imaging science and mechanical devices.
Orlando Lopez is a Partner in the Firm’s Intellectual Property Group. Prior to joining Burns & Levinson LLP in January …
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Method of Presentation:
General knowledge of intellectual property laws
NY Category of CLE Credit:
Areas of Professional Practice
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About Norton Rose Fulbright
Norton Rose Fulbright is a global law firm. It provides the world’s preeminent corporations and financial institutions with a full business law service. It has more than 4,000 lawyers and other legal staff based in Europe, the United States, Canada, Latin America, Asia, Australia, the Middle East and Africa. Recognized for its industry focus, Norton Rose Fulbright is strong across all the key industry sectors: technology and innovation; financial institutions; energy; infrastructure, mining and commodities; transport; and life sciences and healthcare.
About Burns & Levinson LLP
Burns & Levinson provides high-level, client-centric and results-oriented legal services to the firm’s regional, national and international clients. Burns & Levinson is a full-service law firm with over 125 lawyers in Boston, Providence and other regional offices, with areas of expertise in: business/finance, business litigation, divorce/family law, venture capital/emerging companies, employment, estate planning, government investigations, intellectual property, M&A/private equity, probate/trust litigation, and real estate. The firm partners with its clients to solve their business and personal legal issues in a collaborative, creative, and cost-effective way. For more information, visit Burns & Levinson at www.burnslev.com.