Patent Reform in Action

Tags: Content/IP / Technology Policy

A new era of patent law has emerged in the wake of the 2011 American Invents Act and the Supreme Court’s 2014 Alice decision. Taken together, the new law and the Court’s interpretation of Section 101 of the Patent Act have ushered in a new regime for patent law, with different processes, different costs of enforcement, and a different calculus for the value of patent protection. In this conference, we will bring together policymakers, academics, practicing lawyers, and entrepreneurs to reflect on the emerging patent law regime. In so doing, we will look at the impact of the recent reforms and evaluate, in light of prospective additional reforms (such as on venue), how the face of patent law has changed.

The first panel will discuss the changes to patent law over the last decade, examining the impact of patent law reform through judicial decisions (like Alice), the influence of the American Invents Act, and marketplace and technological adaptations. Four breakout sessions will discuss: (1) the role (if any) of Section 101 limitations on patentable subject matter; (2) the ability to restrict the use of functional claiming to obtain and enforce software patents that are overbroad; (3) the impact that the Patent and Trademark Appeals Board process is having on patent law; and (4) the opportunity (or lack thereof) for artificial intelligence to automate and manage patent applications more effectively. We will conclude by bringing together themes and insights that emerged from the breakout discussions and sharing with the whole group.


Sessions

01/13/17 1:00pm - 1:15pm
Welcome
  • Phil Weiser
    Hatfield Professor of Law, University of Colorado Law School
01/13/17 1:15pm - 2:15pm
Opening Panel: The Changing Dynamics of Patent Law
  • Phil Weiser — Moderator
    Hatfield Professor of Law, University of Colorado Law School
  • John F. Duffy — Panelist
    Samuel H. McCoy II Professor of Law, University of Virginia School of Law
  • Roger Martin — Panelist
    Senior Vice President and Chief IP Strategist, Qualcomm
  • Suzanne Michel — Panelist
    Senior Patent Counsel, Google
  • Arti K. Rai — Panelist
    Elvin R. Latty Professor of Law, Duke University School of Law
01/13/17 2:15pm - 2:30pm
Break

01/13/17 2:30pm - 3:30pm
Breakout: The role (if any) of Section 101 limitations on patentable subject matter
  • David St. John-Larkin — Moderator
    Partner, Perkins Coie LLP
  • Molly Kocialski — Commenter
    Director, The Rocky Mountain Regional US Patent and Trademark Office
  • Roger Martin — Commenter
    Senior Vice President and Chief IP Strategist, Qualcomm
01/13/17 2:30pm - 3:30pm
Breakout: The Impact of Functional Claiming in Software
01/13/17 2:30pm - 3:30pm
Breakout: The Patent and Trademark Appeals Board Process and Its Impact
01/13/17 2:30pm - 3:30pm
Breakout: The opportunity (or lack thereof) for artificial intelligence (AI) to automate and manage patent applications more effectively.
  • Michael Drapkin — Moderator
    Partner, Holland & Hart LLP
  • Harry Surden — Commenter
    Associate Professor, University of Colorado Law School
01/13/17 3:30pm - 3:45pm
Break

01/13/17 3:45pm - 4:45pm
Wrap-up Panel: Bringing It All Together
01/13/17 4:45pm - 5:45pm
Reception

Sponsored by: Brownstein Hyatt Farber Schreck, LLP

Know What’s Next