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Patent Eligibility of Software Innovations


Created on May 08, 2017



Ever since the Supreme Court's decision in Alice v. CLS Bank in 2014, the patent eligibility of software innovations has been in question. Now, more than two years after this far-reaching decision, is a good opportunity to look back at how the Federal courts and the Patent and Trademark Office ("PTO") have implemented the Supreme Court's jurisprudence.

This course, taught by Brown Rudnick attorney Shahar Harel, will explore the Supreme Court's analytical framework for determining whether a patent claim is eligible under 35 U.S.C. ยง 101. This includes an exploration of the concepts of  "abstract ideas" and "significantly more than" an abstract idea with an eye to understanding when software innovations are eligible for patent protection.  

Learning Objectives:

  1. Develop an understanding of recent decisions and PTO guidance relating to when a patent claims an "abstract idea" under Section 101
  2. Develop an understanding of recent decisions and PTO guidance on when additional claim elements amount to "significantly more than" an abstract idea
  3. Find out which of the PTO's different technology centers and art units issue the most Alice based rejections

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