Skip To Content

Demystifying 35 U.S.C. § 101: Strategies for Navigating Patent Eligibility in the Age of Software and AI

Presented on Wednesday, February 11th, 2026

This presentation examines the evolving doctrine of patent subject-matter eligibility under 35 U.S.C. § 101, with a special focus on software- and AI-related inventions. It will analyze key Supreme Court and Federal Circuit decisions shaping the eligibility landscape, including Alice, Mayo, and their progeny, and explain how the USPTO’s current guidance impacts patent prosecution. The session will offer practical strategies for drafting patent applications to withstand § 101 rejections, including how to frame technical improvements, craft claim language, and present persuasive arguments during prosecution. Attendees will gain actionable insights for maximizing the chances of securing patents in one of the most challenging areas of U.S. patent law.

1.0 GA, NC, PA CLE – Approved
1.0 DE, VA CLE – Will Apply

Watch Recorded Session View Slides
Let's Plan

Panitch Schwarze commits the time to listen to and evaluate each client’s unique needs so we can advise on the best forms of IP protection.