July 2010

Wednesday, July 7, 2010 to Wednesday, July 7, 2010

35 USC 102 (Prior Art) continues to be re-understood and re-interpreted by the PTO and CAFC to account for the unforeseen in how the concept of "prior art" and circumstance collide in the 21st century. Prior Art on the web - here today, gone tomorrow, but always recoverable - maybe; on sale, or "ready for patenting" in the age of biotech and nanotech, what is truly enabled? For every Practitioner, it is a necessity to stay current on the touchstone of patentability: 35 USC 102. And, let's not overlook the most common reason any application is rejected or patent held invalid: 35 USC 103, Obviousness. The Pandora's box of KSR or "what in the world were they thinking when they wrote that opinion" will be explored from inside and outside the PTO. Are the KSR effects uniform, or do they vary subject to subject in the PTO and Courthouse? The first 2 hours of the course are devoted to the PTO view of 102 and 103, i.e., what Examiners are using and relying on in examination and found in the most current edition of the MPEP. The remainder of the program is devoted to recent case law decided by the CAFC and Supreme Court as it relates to each segment of 102 and 103. The final hour is spent on 102(e).