Silicon Valley Life Sciences Seminar: Patent and Claim Drafting Strategies for the Post-Alice World


In June 2014, the US Supreme Court issued its opinion in Alice v. CLS Bank, addressing the subject matter eligibility requirements for patents, with a particular focus on computer and software-based innovations. The Court set out a two-step test: (1) determine whether the claims at issue are directed to a patent-ineligible concept, and (2) determine whether there is an element or combination of elements that is "sufficient to ensure" that the claimed invention is "significantly more than a patent upon the ineligible concept itself." What does this ruling mean?

Join Fish principals David Goren and Brian Gustafson for a lively discussion of Alice, subsequent court decisions, and the PTO's reaction, including their implications for IP strategy and practice.