Bayh-Dole March-In Rights in a Post Chevron World

By Charles P. Romano, Ph.D.

The bipartisan Bayh-Dole Act of 1980 which transferred ownership of patents arising from US government funded research to universities has yielded a remarkable return on investment. In its 44 years of existence, Bayh-Dole has led to over $1.3 trillion in U.S. economic growth and over 4.2 million jobs. Products ranging from pharmaceuticals Allegra, Lyrica, and […]

Plant Breeder’s Rights In Africa: A Personal Story

By Heidi Sease Nebel

I am freshly back “in country” from Accra, Ghana; and the sights, the sounds, and the frenzy of Africa still linger with me. My trip was a personal and professional highlight, as I was honored to be an invited faculty member at a joint conference between the USPTO, UPOV and ARIPO on the benefits and […]

USPTO Proposed 2025 Fee Changes Pass the Notice and Comment Period

By Jonathan L. Kennedy

Proposed fee changes for 2025 have passed the notice and comment period and are expected to go into effect in the USPTO’s 2025 fiscal year. The USPTO allowed for public comments on the proposal to be received up until May 28, 2024. The notice of proposed rulemaking followed a public hearing held by the Patent […]

Reflections on Intellectual Property and Plant Breeding since 1924

By Heidi Sease Nebel

MVS is celebrating 100 years of creating, protecting and enforcing Intellectual Property (IP) Rights for our clients.    We share this milestone with another organization that acts as an  advocate for strong IP rights, the International Seed Federation.  Founded in 1924 as well, the International Seed Federation’s mission is to “To create the best environment […]

USPTO Introduces Proposed Rule Regarding Terminal Disclaimer Practice

By Joseph M. Hallman

On May 10, 2024, a proposed rule, introduced by the United States Patent and Trademark Office (USPTO), regarding the use of terminal disclaimers to obviate nonstatutory double patenting rejections was published in the Federal Register. A double patenting rejection can arise when two applications, or an application and an issued patent, have some commonality of […]

Andrew Morgan Joins McKee, Voorhees & Sease, PLC

MVS is excited to announce Andrew Morgan has joined MVS as a Senior Associate Attorney in the Trademark, Copyright and Litigation Practice Groups. Andrew primarily practices in the areas of Trademark and Copyright Law and has unique experience in color trademark enforcement and litigation. With his background and deep understanding of these areas, we are […]

The Long-Standing Rosen-Durling Test used to Assess Nonobviousness of Design Patents is OVERRULED

By Gregory Lars Gunnerson

The long-standing Rosen-Durling test used to assess nonobviousness of design patents required a primary reference must be “basically the same” as the challenged design claim, and further that any secondary references must be “so related”. The Federal Circuit had never considered the merits of the Rosen-Durling test. Hearing LKQ Corp. v. GM Glob. Tech. Operations […]

FTC Issues Rule Banning Non-Competes

By Nicholas J. Krob

Last week, the Federal Trade Commission’s “Non-Compete Clause Rule” was published in the Federal Register. This rule, which was issued last month and is set to come into effect on September 4, 2024, will have significant implications in terms of non-compete clauses and corresponding contracts if adopted. At their most basic level, non-compete clauses are […]

What’s in a Name? Understanding the Federal Seed Act and USDA Variety Name Clearance Program

By Melissa M. Mitchell

The name of a plant variety is not just a label; it’s a representation of years of research,development, and distinct characteristics. Variety names serve as a crucial communication toolamong farmers, researchers, distributors, and consumers. Whether it’s a new soybean cultivarresistant to common diseases or a high-yield wheat variety, the name is the first point ofreference […]

Vanessa Lancaster, Ph.D., Joins McKee, Voorhees & Sease, PLC

MVS is excited to announce that Vanessa Lancaster, Ph.D., has joined MVS as Senior Counsel and Patent Attorney in the Biotechnology and Chemical Practice Group. Vanessa is a registered Patent Attorney with over 14 years’ experience prosecuting patents in all areas of the life sciences including medical and agricultural technologies such as transgenic organisms, molecular […]