You are watching a webinar preview. To view the full webinar, log in to your Justia Connect account or sign up for free.

Basics of Patent Law: Stop, Think, Call — Knowing When To Consult a Patent Attorney

Freeze when a client says I have an invention? Mystified by Patent Office procedures? This webinar will cover the basics of patent law, including patentable subject matter, along with the novelty, nonobvious, and utility requirements. Biochemical inventions will be used as examples, as that is the focus of the speaker's practice, but the concepts apply to all scientific disciplines. Afterwards, attendees will be confident discussing the beginnings of the patent process with clients and know when contacting a patent attorney is needed.

Topics covered include:

Intellectual Property Law Practice

Agenda:

Firm Introduction

Introduction of Necessities for a Patent

Patentable subject matter
Novelty
Nonobvious
Useful

Explanation of Science Examples

Crisper
Directed evolution

Patentable Subject Matter

What isn't in a machine, process, manufactured product, or new state of matter?
Judicial exceptions

Product of nature
Abstract idea

Patentable Subject Matter Applied to Scientific Example

Crisper
Directed evolution

Novelty in Patent Law

Novelty Applied to Scientific Examples

Crisper
Directed evolution

Nonobvious in Patent Law

Basics
KSR v. Teleflex

Nonobvious Applied to Scientific Examples

Obviousness in biology/chemistry
Crisper
Directed evolution

Usefulness

Wrap up

What can a patent attorney do for you or your client
Importance of involving a patent attorney early

Questions & Answers (as time permits)

Duration of this webinar: 75 minutes

Originally broadcast: October 29, 2025 12:00 PM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction

Daniel Cole, the speaker, specializes in intellectual property law, particularly for chemical and biochemical companies. Daniel discusses the basics of patent law, focusing on patentable subject matter, novelty, and obviousness, using examples from the biochemical and chemical fields. He explains the importance of understanding judicial exceptions, such as products of nature and abstract ideas, in determining patent eligibility.

05:31 Patent Law Basics and Key Concepts

Daniel elaborates on judicial exceptions, noting their significance in patent law and the debate surrounding them. He explains the criteria for patentability, including novelty, non-obviousness, and usefulness, and how these concepts are legally defined. Daniel uses CRISPR as an example to illustrate the complexities of patenting biochemical inventions and the role of directed evolution in patent claims. He discusses the challenges of patenting natural products and the implications of recent court decisions on patent eligibility.

23:56 Patentability: Novelty and Non-Obviousness

Daniel explains the concept of novelty in patent law, emphasizing its specific legal meaning and the importance of claims in determining patentability. He discusses the role of prior art in assessing novelty and the challenges of proving non-obviousness in patent applications. Daniel uses examples from CRISPR and directed evolution to illustrate the complexities of patent claims and the importance of detailed examination of prior art. He highlights the significance of unexpected results in overcoming obviousness rejections and the need for working examples in biochemical patents. Daniel discusses the interaction between the KSR case and chemical sciences, noting the challenges in proving non-obviousness for complex compounds.

47:37 Patent Application Process and Strategy

Daniel outlines the patent application process, including the roles of patent attorneys and the importance of prior art searches. He explains the differences between provisional and non-provisional patents and the strategic considerations in filing patent applications. Daniel discusses the costs and time involved in patenting, emphasizing the importance of conducting a patentability analysis before pursuing a patent. He describes the office action process and the potential for appeals, highlighting the financial implications of extended patent prosecution. Daniel advises on the importance of consulting a patent attorney early in the process to navigate the complexities of patent law.

59:13 Q&A: Practical Patent Considerations

Daniel answers questions about the qualifications of patent attorneys, emphasizing the need for a science degree rather than an engineering degree. He discusses the concept of evergreening in pharmaceuticals and the requirements for proving novelty and non-obviousness in patent extensions. Daniel explains the distinction between products of nature and patent-eligible inventions, highlighting the importance of practical applications in overcoming 101 rejections. He addresses misconceptions about prior art searches and the challenges of proving novelty and non-obviousness in patent applications. Daniel advises on the risks of public disclosure before filing a patent and the importance of NDAs and provisional patents in protecting intellectual property.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Continuing Legal Education (CLE) Credits

*CLE credit is only available to Justia Connect Pros. Not a Pro? Upgrade today>>

California CLE

Status: Approved

Credits: 1.25 General

Earn Credit Until: June 30, 2026

New Jersey CLE

Status: Approved

Credits: 1.50 General

Earn Credit Until: October 28, 2026

North Carolina CLE

Status: Approved

Credits: 1.25 General

Earn Credit Until: February 28, 2026

South Carolina CLE

Status: Approved

Credits: 1.25 General

Difficulty: All Levels

Earn Credit Until: December 31, 2025

Texas CLE

Status: Approved

Credits: 1.25 General

Earn Credit Until: September 30, 2026

This presentation is approved for one and a quarter hours of General CLE credit in California, North Carolina, and South Carolina (all levels). This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.50 hours of total CLE credit. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.25 credit hours.

Justia only reports attendance in jurisdictions in which a particular Justia CLE Webinar is officially accredited. Lawyers may need to self-submit their certificates for CLE credit in jurisdictions not listed above.

Note that CLE credit, including partial credit, cannot be earned outside of the relevant accreditation period. To earn credit for a course, a lawyer must watch the entire course within the relevant accreditation period. Lawyers who have viewed a presentation multiple times may not be able to claim credit in their jurisdiction more than once. Justia reserves the right, at its discretion, to grant an attendee partial or no credit, in accordance with viewing duration and other methods of verifying course completion.

At this time, Justia only offers CLE courses officially accredited in certain states. Lawyers may generate a generic attendance certificate to self-submit credit in their own jurisdiction, but Justia does not guarantee that lawyers will receive their desired CLE credit through the self-submission or reciprocity process.

Looking for CLE credit? Visit CLE Dashboard

Speaker

Daniel Cole Of Counsel
Chambliss, Bahner & Stophel, P.C.

For over a decade, Daniel Cole has guided independent inventors, startups, college professors, industry professionals, and established businesses through the complexities of intellectual property law. As a registered patent attorney with a specialized focus on chemical and biochemical companies, he evaluates patent and trademark eligibility, drafts IP applications, and advocates for clients in both protecting their rights and defending against unjust infringement claims. Read More ›