EPO does not follow the US and JEM on Patentability of Plants
June 01, 2020
Post by Heidi S. Nebel
The Enlarged Board of Appeal has recently handed down its highly anticipated decision regarding the patentability of plants and plant varieties, in which the product is exclusively obtained by an essentially biological process (plant breeding). The Board held that plants and animals that are the result of traditional breeding or any other essentially biological process are NOT patentable. “Taking into .......
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Celebrating National Inventors Month - Memorial Day Edition
May 25, 2020
Post by Blog Staff
In celebration of Memorial Day, we conclude our recognition of National Inventors Month with a look at visionary veterans whose inventions have made an impact on our life: We applaud these unique individuals for their service to our country and the impact they have left on our world. Here are some more stories that you might enjoy readin.......
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USDA’s new Part 340 and impact on gene edited plants
May 19, 2020
Post by Cassie J. Edgar
The USDA published a new version of agricultural biotechnology regulations (7 CFR Part 340, aka “Part 340”) which is the culmination of several years of revision and public review. In this revised rule, which will begin implementation 90 days from May 18th, developers now have more definitive guidelines on where plants will be exempt from pre-market review by USDA, along with a new pathway for engaging w.......
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Celebrating National Inventors Month Part 2
May 18, 2020
Post by Blog Staff
As we continue our celebration of National Inventors Month, we thought we would take you where they recognize those people who have made an impact on society through their inventive and innovative genius.The National Inventors Hall of Fame® (NIHF) recognizes the inventors and their inventions and promotes creativity and advances the spirit of innovation and entrepreneurship. Their approach is to connect the inve.......
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Get Lucky: U.S. Supreme Court Sides With Lucky Brand in Overturning “Defense Preclusion” Ruling
May 15, 2020
Post by Nicholas J. Krob
The U.S. Supreme Court this week overturned a Second Circuit ruling prohibiting jean maker Lucky Brand from invoking a defense against competitor Marcel Fashions Group based on Lucky Brand’s failure to assert the same defense in prior litigation. The ruling followed nearly two decades of litigation between the parties. In 2003, Lucky Brand entered into a settlement agreement with Marcel wherein Lucky Bra.......
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“Now is the Time to Explore Big New Ideas:” Iowa Business Leaders Encourage Innovation, Resilience, in a Time of Uncertainty
May 14, 2020
Post by Sarah M. Luth
The COVID-19 pandemic created and continues to create unprecedented levels of economic disruption in local and international communities. With so much uncertainty, business owners and entrepreneurs may feel the safest course of action is to minimize operations and delay expansion plans. In fact, they should do precisely the opposite, says Debi Durham, Director of the Iowa Economic Development Authority. At the M.......
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AgTech Next Now! Webinar Series
May 12, 2020
Post by Jill N. Link, Pharm.D.
Jill N. Link , Chairwoman of the Licensing Practice Group, participated in the “AgTech NEXT Now! Pandemic Economics” webinar event today. The AgTech Next summit was scheduled to take place May 4-6, 2020 at the Danforth Center in St. Louis, MO. With the rescheduling of this food and agtech innovation summit, there are now a series of webinars scheduled to address issues associated with various risks and rewards as.......
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Celebrating National Inventors Month in May
May 11, 2020
Post by Blog Staff
As we celebrate National Inventors Month, we would like to thank all our clients who, through their passion and hard work have created inventions to improve our way of living. Whether you started off as a child inventing things in your parents' basement, or as an educated researcher, trained engineer, or a problem-solving consumer, your talents have made the world a better place.  MVS s.......
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Plant Patent filings can now be made Electronically Due to the COVID-19 Outbreak
May 05, 2020
Post by Heidi S. Nebel
Yesterday in a press release, The United States Patent and Trademark Office (USPTO) indicated that it considers the effects of the COVID-19 outbreak to be an "extraordinary situation" and therefore will permit the filing of plant patent applications and follow-on documents via USPTO patent electronic filing systems (EFS-Web or Patent Center). The requirements for filing plant patent applications and foll.......
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Plant Variety Protection (PVP) Advisory Board Update
May 05, 2020
Post by Heidi S. Nebel
I was honored to have attended the Plant Variety Protection (PVP) Advisory Board meeting last week. I continue to remain very impressed with the great work the PVP office is doing to implement the vast policy changes of the 2018 Farm Bill. In brief, the bill authorized the extension of United States PVP protection to asexually reproduced plants. This continues to align the US system with other countries .......
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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.


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