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  • The opinions, commentary and characterizations provided to this online forum by the authors and moderators are provided for encouraging discussion, thought and debate on important post grant issues. These postings are in no way representative of the opinions of Oblon Spivak et al., or its clients.

Archive for June 25th, 2014

USPTO Issues Preliminary 101 Guidelines After CLS Bank

Posted On: Jun. 25, 2014   By: Scott A. McKeown
USPTO_LogoUSPTO Reacts Quickly to Landmark 101 Ruling

Although a few minutes late for today’s PatentsPostGrant.com webinar on the topic, the USPTO has now issued Preliminary Examination Instructions on Alice Corporation Pty. Ltd. v. CLS Bank International, et al., No 13-298 (June 19, 2014). Any member of the public may submit written comments by July 31, 2014. In the meantime, the USPTO will use these preliminary instructions when determining subject matter eligibility under 35 U.S.C. 101 of claims involving abstract ideas in view of CLS Bank.

Will CLS Bank Impact CBM Filings?

Posted On: Jun. 25, 2014   By: Scott A. McKeown
CLS-101Landmark 101 Ruling to Affect CBM Filing Strategies?

This time last year, I considered whether a negative outcome in CLS Bank v. Alice Corp might serve as a catalyst for 101 challenges at the USPTO’s Patent Trial & Appeal Board (PTAB). That is, with most Covered Business Method (CBM) challenges including 101 grounds, and some only including such grounds for fast-tracking purposes, whether the Decision might encourage a flood of such filings with the PTAB.

Since that time, the CAFC issued an unsatisfying divided opinion, and then last week, the Supreme Court of the United States finally decided the issue. Where does that leave us, and what has changed?

Please join me today, along with my authoritative panel for this special edition of the PatentsPostGrant.com webinar series. Together with my colleagues Michael Kiklis, author of the recently released treatise, “The Supreme Court on Patent Law,” and Stephen Kunin, former Deputy Commissioner for Patent Examination Policy at the USPTO, we will endeavor to explore the impact of this important ruling.

Click HERE to Register.