Patentable Subject Matter and Obviousness
Should "anything under the sun that is made by man" be patentable?
What does it take for an invention to be obvious?
Is the Supreme Court anti-patent or has the Federal Circuit promulgated too many special rules protecting patents?
The United States Supreme Court has recently considered a record number of patent cases and has been reversing and reformulating numerous Federal Circuit standards. In Lab. Corp. v. Metabolite, the Supreme Court initially granted and then dismissed certiorari over a strong dissent in which certain justices appeared ready to impose new limitations on the scope of patentable subject matter. In KSR v. Teleflex, the Supreme Court issued a decision that rejected the notion that the Federal Circuit's "teaching, suggestion or motivation" test is the only standard against which to measure obviousness.
What are the standards for patentability today? A distinguished panel of experts will address the issues of patentable subject matter and obviousness, and discuss their views on where the law is headed.
| Date | November 15, 2007 |
| Time | 4:00 - 7:00pm |
| Location | New England School of Law 154 Stuart Street Boston, MA 02116 Cherry Room |
Admission is complimentary. Register by Tuesday, November 6th with Sidra Vitale at (617) 422-7434. Include name, affiliation, phone, and email address. Directions: www.nesl.edu/about/direction.cfm
Program and Distinguished Speakers
| 4:00 - 4:15pm | Introduction Welcome/Overview: Professor Eileen M. Herlihy, New England School of Law Issues from the Bench: Judge William G. Young, United States District Court, for the District of MA |
| 4:15 - 5:15pm | Patentable Subject Matter Background/ Metabolite case: Frank P. Porcelli, Esq., Fish & Richardson P.C. Patentable Subject Matter and Patent Prosecution: Kathleen M. Williams, Edwards, Angell, Palmer & Dodge |
| 5:15 - 6:15pm | Obviousness Background/KSR case: James B. Lampert, Esq., Wilmer Cutler Pickering Hale and Dorr LLP Obviousness as a Question of Law: Judge William G. Young, United States District Court for the District of MA |
| 6:15 - 7:00pm | Panel Discussion/Question and Answer What does it all mean? Where are we headed?: Entire Panel |
| 7:00pm | Reception |
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| Hon. William G. Young,
U.S. District Court, District of MA |
James B. Lampert, Esq.,
Wilmer Cutler Pickering Hale & Dorr LLP |
Frank P. Porcelli, Esq., Fish & Richardson P.C. . |
Kathy M. Williams, Ph.D. Edwards, Angell, Palmer & Dodge |
Prof. Eileen Herlihy,
New England School of Law, moderator |