Coping with Alice: Strategies for Winning on Patent Eligibility

This week on IPWatchdog Unleashed we dive into patent eligibility waters, with a discussion on how patent attorneys and litigators alike can cope with Alice. Our conversation will triangulate the issue from the political perspective, from the perspective of a patent litigator who represents patent owners in federal court, and from the perspective of a patent attorney who represents clients as they attempt to obtain software patents.

Joining us this week is the Honorable Andrei Iancu, former Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. And as many of you no doubt know, Andrei was responsible for the 2019 Patent Eligibility Guidance from the USPTO, which has made it easier to obtain software patents from the Office, but which the Federal Circuit continues to ignore in favor of their own disjointed, unpredictable, non-repeatable test.  From the patent litigator perspective we have Vince Rubino, who is a partner with Fabricant in the firm’s NY City office, and from the patent prosecution perspective we have John Rogitz, who is Managing Attorney at Rogitz & Associates. 

I started our conversation giving an open mic opportunity for Andrei, Vince and John to jumpstart our conversation by giving me their big picture thoughts on 101. Andrei, who was unfortunately suffering from a bit of laryngitis, leads off.  

Visit us online at IPWatchdog.com.

You can also visit our channels at YouTube, LinkedIn, X, Instagram and Facebook.