Events
Patent Protection for Business Methods, Computer Implemented Inventions and Software in the United States and Europe
Friday, May 8, 2009
7:30 - 8:00 am PDT - Registration and breakfast
8:00 - 9:30 am PDT - Roundtable discussion
McDermott Will & Emery LLP
275 Middlefield Road, Suite 100
Menlo Park, CA 94025
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Even though the law is not yet settled, In re Bilski has introduced a significant change in how we view the patentability of business methods, computer implemented inventions and software in the United States. Similarly, European patent law is continuing to evolve. A significant divergence between the laws and practice of the United States and Europe in dealing with business methods, computer implemented inventions and software means that many of the applications related to these topics will experience a difficult prosecution process. Even when patent specifications are drafted in the United States to address recent changes, such applications may experience a difficult prosecution process after they are filed in Europe. In most cases, an understanding of the differences in the laws of these countries might be helpful in the determination of whether to seek protection in one or both jurisdictions, and, if so, strategies for pursuing both are also important.
McDermott Speakers
Dr. Justin Hill,
Head of European IP Prosecution and Opposition Practices
W. Nicholas Chen, Partner, Intellectual Property, Media & Technology Department
We invite you to attend this program summarizing recent United States and European patent law developments and to participate in a discussion on how these changes affect your company's patent management strategies. Join fellow executives and in-house counsel as they share their experience and insights.
Key Cases and Topics
- In re Bilski, its status and aftermath
- Definition of "computer implemented invention"
- The EPO's approach to establishing patent eligibility and assessing inventive step
- Worked examples from recent EPO case law
- Developments from the UK and German courts
- The questions referred to by the Enlarged Board of Appeal
- Comparisons with post-Bilski in the United States and how to avoid similar problems in Europe
Please note that Dr. Hill is accepting appointments to deliver complimentary and customized sessions to address international IP issues. If you are interested in scheduling an appointment with Dr. Hill, please contact David Dolkas, chair of the Silicon Valley Intellectual Property, Media & Technology Department, at +1 650 815 7415 or ddolkas@mwe.com for additional information. Proposed topics may include the following:
- 10 things every U.S. patent attorney should know about Europe
- PCT and the management of international patent portfolios
- Industry-specific updates
- The economics of portfolio management now that budgets are squeezed
- Oppositions and third party observations
- Patent strategy, landscaping and competitive positioning
For more information, please contact McDermott Events at mcdermottevents@mwe.com or Megan Krokos at +1 312 629 3969.
Continuing Legal Education (CLE) credit is pending California. A Certificate of Attendance will be made available upon request for all other states.
McDermott Will & Emery's IP Management Roundtables are designed for the educational benefit of a company president, CEO, general counsel or other executive with an interest in intellectual property. Please be advised McDermott has the right to restrict attendance and may limit participation in this event.