Patent Eligibility, Prior Art, Obviousness, and Disclosure 2026: Current Trends in Sections 101, 102, 103, and 112

Uncertainty around 35 U.S.C. § 101 continues—and in many ways it is growing. Eligibility determinations can vary from case to case, examiner to examiner, and technology to technology, with no clear legislative fix or Supreme Court guidance on the near horizon. This program offers practical, forward-looking insights from both the USPTO and the CAFC. Because Section 101 decisions can shape patent value for decades, we will also discuss whether PERA (if enacted) could improve the path ahead. You will leave with a clearer understanding of current PTO policy, recent CAFC trends, and what these developments may mean for patents being prosecuted today and enforced in the years to come.

?Sections 102 (pre- and post-AIA) and 103 are litigated and examined both inside and outside the USPTO. This program will help you understand key recent interpretations and what may be coming next. We will also cover Section 112 in the post-Amgen landscape. Finally, we will address design patents—now that the full scope of KSR applies to designs, what should practitioners expect next?

After completing this program, participants will be able to:

• Gain insights into Section 101: what to advise?

• Understand Section 102 and its dates: the “grace period” ghost

• Learn about the “effective filing date” across the globe

• Analyze 102—pre- and post-AIA

• Receive a review of post-KSR 103 via CAFC and PTAB precedent

• Dive into design filings and rejections in a KSR (i.e., post-In re Rosen) world