Patenting Software - A Case Study in Overcoming Alice

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When the Supreme Court handed down Alice in 2014, the decision sent shockwaves through the industry, with some early commenters suggesting that Alice would be the death of software patents. While those initial claims proved to be hyperbolic, commenters were correct in their assessment that the case would make obtaining software patents significantly more challenging. Applicants and the attorneys who represent them have been forced to respond and adapt to this new reality in different ways, with varying degrees of success.

In this patent webinar, Fish Principals Frank Gerratana and Tracy Hitt highlighted Fish & Richardson's software patent practice how Fish was instrumental in developing the law underpinning Alice, how our attorneys handle Alice rejections, and what the future might hold.

Topics of discussion included:

  • How Alice became the law of the land
  • Subsequent developments in the courts and at the USPTO
  • The current state of software patent practice at the USPTO
  • Fish’s approach to handling Alice rejections
  • Proposals to amend 35 U.S.C. 101

This webinar is based on Patenting Software: A Case Study in Overcoming Alice.