Charles Bieneman Presents on 35 U.S.C. § 101 at AIPLA

Charlie Bieneman will present on 35 U.S.C. § 101 at the American Intellectual Property Law Association (AIPLA) Virtual Annual Meeting Pre-Meeting, Partnering in Patents, on October 20, 2020. 

Charlie Bieneman will discuss how the USPTO has implemented its January 2019 patent-eligibility guidance which refines application of the well known two-part Alice/Mayo patent-eligibility test. In Cleveland Clinic Foundation v. True Health Diagnostics LLC (April 2019), the Federal Circuit declined to defer to USPTO guidance. The discussion will explore selected recent PTAB decisions to illustrate that the USPTO’s new (as of January 2019) approach to patent-eligibility may not be consistent with the Federal Circuit’s approach, consider how the PTAB is and isn’t requiring the factual predicates for patent-ineligibility described in Berkheimer v. HP, and consider practice tips to use the USPTO’s guidance while at the same time promoting consistency with the Federal Circuit’s application of the Alice/Mayo patent-eligibility test and Federal Circuit precedent implementing that test.

The Pre-Meeting takes place from 10:30am-3:30pm, with the 35 U.S.C. § 101 Segment at 2:00pm.  Register here for the AIPLA Pre-Meeting.