Patent Eligibility, Prior Art, Obviousness, and Disclosure 2025: Current Trends in Sections 101, 102, 103, and 112

Why You Should Attend

The 35 USC 101 enigma persists! The inscrutability only deepens. It is now case-to-case, examiner-to-examiner, topic-to-topic, and no legislative or Supreme Court help is on the near horizon. This program will provide tea-leaf style insight from both USPTO and CAFC. 101-eligibility issue is a long echo, with effects felt for decades; we have high hope PERA can help (if passed!) the future. You will learn the current state of PTO policy and CAFC decision-making and where we are collectively headed in the years and decades ahead — during the enforcement period of patents now prosecuted and acquired? Gain some understanding and insight from our presenters.

Prior art (102) (pre- and post-AIA) and obviousness (103) are covered inside and outside the USPTO. Obtain an understanding of recent interpretations, along with some perspective on the future of both. 112 in a post-Amgen world. Plus – Designs! Now that all of KSR applies to designs – what’s next?

What You Will Learn

• After completing this program, participants will be able to:
• Gain insights into Section 101: what to advise?
• Understand Section 102 and its dates: the “grace period” ghost
• Learn about the “effective filing date” across the globe
• Analyze 102—pre- and post-AIA
• Receive a review of post-KSR 103 via CAFC and PTAB precedent
• Dive into design filings and rejections in a KSR (i.e., post-In re Rosen) world

Who Should Attend

This program is geared to patent lawyers/agents who have a daily familiarity with existing 35 USC 101/102/103/112 in either a litigation or patent prosecution context or both. The course will advance the knowledge of all attendees from their respective starting points and provide new insights into the statute, recent amendments, and case law.

Program Level: Intermediate

Prerequisites: None

Advanced Preparation: None