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Diane F. Covello, Co-Director, UConn Law School Intellectual Property and Entrepreneurship Law Clinic
Thomas J. Menard, Partner, Alix Yale & Ristas LLP
The “abstract idea” notion of patent eligibility under 35 U.S.C. Section 101 is particularly relevant to many inventions that operate on the internet but has been expanded by defendants and the courts to invalidate a wide variety of patent claims, including claims in the fields of life sciences, electrical engineering and mechanical engineering. Defendants have been successful in having patent claims declared ineligible under Section 101 at the beginning of a patent infringement case, in some cases before the complaint has been answered. The presentation will start with a general discussion of what is patentable under 101 and then get into how this notion has changed since the U.S. Supreme Court issued its 2014 decision in Alice Corp. v CLS Bank Int’l. A case will be discussed to illustrate the two part test for patent eligibility under Section 101 set forth in Alice, and possible strategies for avoiding Section 101 rejections at the U.S. Patent and Trademark Office or invalidation of patent claims in Federal Court.
1.0 CT CLE Credit | 0.0 NY CLE Credit
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