McDonnell Boehnen Hulbert & Berghoff LLP will be offering a live webinar entitled "New Ways of Understanding the Patent-Eligibility of Software and Business Methods" on February 16, 2021 from 10:00 am to 11:15 am (CT). In this presentation, MBHB attorney and Patent Docs author Michael Borella will discuss the Alice v. CLS Bank test, for which a literal understanding is not possible because the test is too vague and poorly defined. Nonetheless, a careful review of Federal Circuit § 101 case law since 2014 shows that a reasonably accurate way of predicting whether claims will survive an Alice challenge in the USPTO or courts is available. In particular, such a review suggests that there are three factors that when present make claims more likely to be eligible. Conversely, the lack of any of these factors make it less likely that the claim will be found eligible. The webinar will discuss these factors in detail, including how they are derived from the case law, and use them as an analytical framework for determining patenting strategy.
While there is no fee to participate, attendees must register in advance. Those wishing to register can do so here. CLE credit is pending for the states of California, Illinois, New Jersey, New York, North Carolina, and Virginia.
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