Petitioning the Director: Why? When?
June 11, 2019
Post by Gregory "Lars" Gunnerson
Typically, patent attorneys are privileged to work side by side with examiners who embrace the collaborative relationship that exists between patent applicants and the United States Patent and Trademark Office (USPTO). It is typical for examiners and patent attorneys to initially disagree on legal and/or technical issues which relate to the claims of a patent application. Thereafter, they will negotiate .......
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Is Congress Finally Doing their Constitutional Duty?
June 10, 2019
Post by Oliver P. Couture, Ph.D.
On June 4, 5, and 11, 2019 the Senate Intellectual Property Sub-Committee held hearings regarding the new proposed changes to patent statutes, including to Sections 100, 101, and 112. The Sub-Committee will be hearing from a total of 45 witness on both sides of the debate. Most of the attention during the June 4th and 5th hearings were focused on the reform to Section 101, as will likely the June 11th me.......
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Federal Circuit Sets Limits on Precise Values Included in Claims
June 04, 2019
Post by Luke T. Mohrhauser
Luke T. Mohrhauser The Federal Circuit recently reversed a decision of the United States District Court for the Easter District, overturning an award of damages and decision of infringement in a case between rival boat makers, Brunswick Corp. and Cobalt Boats. In doing so, the Court decided that the claims included precise values without any qualifying terms, and thus, the language should be construed and.......
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Possible Action on Reversing Recent Denial of Software, Business, and Medical Inventions as “Ineligible” for U.S. Patents
June 03, 2019
Post by Mark D. Hansing
Mark D. Hansing A progression of court decisions over the last decade, including from the United States Supreme Court, virtually eliminated patents on most software, business methods, medical testing and diagnosis innovations. For example, with respect to software-related innovations, if they (1) did not improve the functioning of computers (e.g. make them run faster) or (2) improve some other technology .......
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First Draft from Congress on Section 101 Reform
May 23, 2019
Post by Kirk M. Hartung
 On Wednesday May 22, 2019, the Senate and House Subcommittees on Intellectual Property released for comment their initial draft of legislative reform for Section 101 of the patent statutes. The biggest focus of this proposed legislation is an abolishment of the Supreme Court’s judicially created exceptions to patent eligibility, namely, abstract ideas, laws of nature, and natural phenomena. The pro.......
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Expanded Trademark Rights for Some Hemp-Related Products and Services
May 15, 2019
Post by Christine Lebron-Dykeman
Following up on the May 10, 2019, MVS Filewrapper post “Big Changes Ahead for Plant Variety Protection (PVP)”, the United States Patent & Trademark Office (USPTO) has also recently issued some guidance on how the 2018 Farm Bill affect trademark applications for cannabis and CBD products. Per the guidelines issued May 2, 2019, the USPTO will now approve some cannabis/CBD applications, but with a .......
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The USPTO Changes Patent Eligibility Guidelines
May 14, 2019
Post by Patricia A. Sweeney - Of Counsel
The United States Patent Office has released updates to subject matter eligibility guidelines under 35 USC §101. Along with these updates, the Office has provided slides and a webinar reviewing the changes, using the same materials provided in training of patent examiners. There are two parts to the analysis, Step 1, and Step 2A and 2B and it is Step 2 that has been changed. Step 1 remains the same, asking w.......
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Big Changes Ahead for Plant Variety Protection (PVP)
May 10, 2019
Post by Heidi S. Nebel
The United States Department of Agriculture (USDA) has been hard at work developing regulations to implement the 2018 Farm Bill. The Bill introduces unprecedented changes to the United States PVP system with respect to asexually reproduced plants and hemp. Proposed regulations to implement changes for asexually reproduced plants will soon be published for comment. Those of us with an economic interest th.......
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IP License Audits – Iowa LES Chapter Tackles the Issues
May 09, 2019
Post by Jill N. Link, Pharm.D.
Jill N. Link The Licensing Executive Society (LES) Iowa Chapter met on Monday April 29th in Coralville, Iowa, and took a deep dive into issues with auditing Intellectual Property (IP) license agreements. Other issues of IP valuation were also discussed by two accounting experts from Sikich. The discussions brought to the forefront issues commonly associated with IP license agreements – namely, what ha.......
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First Cannabis-Related Patent Makes its Way through the Federal Courts: What it Teaches, and What it Does Not
May 02, 2019
Post by Tina G. Yin Sowatzke, Pharm.D.
Tina G Yin-Sowatzke In the past 25 years, there has been substantial growth surrounding the developments within the cannabis industry, particularly involving intellectual property protections. With legalization of cannabis gaining traction across the United States, any court guidance can provide a foundation for those seeking patent protection. Opportunely, on April 17, 2019, The District Court for the Di.......
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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.


McKee, Voorhees & Sease, P.L.C. provides this blog for general informational purposes only. By using this blog, you agree that the information on this blog does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and McKee, Voorhees & Sease, P.L.C. Do not consider this blog to be a substitute for obtaining legal advice from a qualified, licensed attorney. While we try to revise this blog on a regular basis, it may not reflect the most current legal developments. We consciously refrain from expressing opinions on this blog and instead, offer it as a form of information and education, however if there appears an expression of opinion, realize that those views are indicative of the individual and not of the firm as a whole.

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