Please join us for our next meeting which will feature a presentation from Joseph T Cygan, Intellectual Property Counsel at Cygan Law Offices. Joseph will be presenting on a topic that has become a common feature of the new, smart world, patent law as it applies to software. What can be patentable, what isn't? Join us and your fellow consultants to get some insight in the complex world of patent law.
"Patenting Software Related Inventions"
Navigating Patentability Under the USPTO Subject Matter Eligibility Guidelines
By Joseph Cygan of Cygan Law Offices P.C.
The 2014 Supreme Court case Alice Corp. Pty. Ltd. v. CLS Bank Int'l, et al., 573 U.S. 208 (2014) ("Alice") has complicated the understanding of Subject Matter Eligibility (SME) for software related claims in the United States Patent and Trademark Office and in the courts. In Alice, the Supreme Court held that patent claims directed toward a certain software invention were not patent eligible because "the claims at issue" amounted to "nothing significantly more" than an instruction to apply an "abstract idea." Since the Alice case holding, the notion of an "abstract idea" has caused significant issues for those seeking patent protection for software related inventions, as well as for patent owners because patent infringement defendants have used the "abstract idea" analysis as a weapon in the courts to invalidate patents. In the presentation, we'll review how the USPTO has been applying the "abstract idea" analysis to patent claims and provide strategies for avoiding SME issues with software related inventions.
ABOUT THE SPEAKER:
Joseph Cygan (Cygan Law Offices P.C.)
Mr. Cygan's law practice focuses on patent application preparation and prosecution for my clients before the United States Patent and Trademark Office, working in cooperation with international associate counsel to obtain patents worldwide under the Patent Cooperation Treaty and Paris Convention, patentability and infringement analysis and opinions, and various intellectual property related transactional matters.
Mr. Cygan has extensive experience in all aspects of patent procurement and technology patent portfolio development, and has personally drafted and prosecuted hundreds of patent applications for high-tech companies. He provides his clients with turnkey patent procurement services beginning with interviewing corporate inventors, including engineers and scientists, and preparing and prosecuting patent applications through to final disposition, including handling appeals before the Patent Trial and Appeal Board (PTAB). He also maintains a network of foreign counsel to assist in procurement of patents and trademarks internationally for my clients.
Mr. Cygan has assisted clients in handling cease and desist letters regarding patent, trademark, copyright and trade dress matters, and has defended client interests by resolving or negotiating and obtaining settlement agreements. He has also assisted clients with trademark consent agreements, patent, trademark and copyright licensing agreements, and software licensing agreements. He renders patentability opinions, non-infringement opinions, trademark clearance opinions, and freedom-to-operate opinions.
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Future Meeting Dates:
The board is currently planning meetings for 2020. Schedule for Future Meetings:
CANCELLED April 30, 2020 (Rock Valley College, Rockford)
TENTATIVE May 18, 2020
July 27, 2020
September 28, 2020
October 29, 2020 (Rock Valley College, Rockford)
November 16, 2020
January 25, 2021
The board would like your input and suggestions for discussion topics for our 2019 meetings. We credit presenters on the WEB. Your
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The Directors at their 2015 board meeting.
Left to Right: Robert Abrant, Roy Leventhal, Benjamin Miller, Michael Sullivan and Paul Johnson.
Photo by Joseph Auer
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