Practical Lessons from Recent Patent Decisions:Top Drafting Takeaways for Patents and Related Agreements

Recent patent law decisions provide guidance in drafting patent-related agreements and patent applications. As the case law construing license and settlement agreements demonstrate, one overlooked issue in an otherwise carefully drafted agreement can obstruct a party’s ability to protect its patent rights. In addition, while untold patents have been invalidated as claiming unpatentable subject matter under Section 101, proper drafting and claiming has been shown to overcome patentability objections with respect to some method of treatment and medical device claims.

In addition to offering suggested language for agreements and patent applications to avoid the pitfalls outlined in the cases, the program, presented by Janet B. Linn of Tarter Krinsky & Drogin LLP, will also highlight cases and legislation to watch this year that will likely impact patent protection in these areas.

Learning Objectives:

1. Review recent patent law decisions for guidance in drafting your own patent-related agreements and patent applications

2. Gain suggested language for drafting patent-related agreements and patent applications, in order to avoid the pitfalls encountered in recent cases and overcome future patentability objections

3. Become familiar with the pending cases and legislation most likely to impact patent protection moving forward