This session is open to all interested parties, whether or not FICPI members.  

Webinar // Subject matter eligibility

Sharon Crane and Swarup Kumar, chairs of the webinar series, will introduce topics from FICPI’s Study & Work (CET) groups and the Professional Excellence Committee (PEC) that will be subject of future webinars in the series.  

Sharon Crane (Chair of the Biotechnology and Pharmaceuticals group) and Brett Slaney (Chair of the Software, High-Tech, and Computer Related Issues group) will introduce the topic of subject matter eligibility, as well as the speakers.

Biotechnology and Pharmaceuticals Study & Work Group

• MaryAnne Armstrong (USA) will discuss the US Supreme Court and Federal Circuit decisions that have shaped the current challenges we face in defining what is, and what is not, patent eligible subject matter in the US.  She will also discuss the USPTO’s 101 examination guidelines and life sciences examples, as well as proposed legislation to clarify the metes and bounds of what subject matter is patent eligible in the US.
• Serge Shahinian (Canada) will discuss the scope of patent eligible subject matter in Canada. While therapeutic methods are not patentable in Canada, he will discuss alternative “use” and “product for use” formats, touching on hot topics such as claiming antibodies, stem cells, diagnostic methods and personalised medicine.  He will also discuss a significant recent court decision regarding the determination of “essential” claim elements in assessing patent eligibility.

• Chad Billings (USA) will discuss US Supreme Court jurisprudence, focusing on the Alice (the “two-part test”) and Berkheimer decisions.  He will also discuss the USPTO 101 examination guidelines with a view to their effects on examination of, and claiming high-tech inventions.  
• Johan Örtenblad (Sweden) will discuss the framework for determining patent eligible subject matter in Europe, including established case law, recent case law, and updates on examination guidelines.  He will also discuss G 1/19, a referral to the Enlarged Board of Appeals at the EPO relating to the patentability of computer-implemented simulations.
   

There will be the opportunity to ask questions throughout this interactive session.  

These webinars are eligible for CLE certificates of attendance. 

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The recording will be made available on the FICPI website shortly after the session.

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