NASA’s Technology Transfer Process

By Gregory Lars Gunnerson

From July 28 – July 31, 2019, I had the pleasure of attending the Association of Technology Managers (AUTM) 2019 Central Region Meeting. AUTM is a nonprofit organization dedicated to bringing research to life by supporting and enhancing the global, academic technology transfer profession through education, professional development, partnering and advocacy. AUTM’s attendance has been […]

Patent Judges Agree that Patent Eligibility Law Needs Fixing: Part 1

By Kirk M. Hartung

On July 3, 2019, the U.S. Court of Appeals for the Federal Circuit issued an interesting, though not surprising, opinion discussing patent eligibility for inventions and discoveries. In Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, all 12 judges of the Court considered whether the full court should rehear an appeal of a patent regarding […]

IPR Proceedings to Pre-AIA Patents is not an Unconstitutional Taking

By Blog Staff

On July 30, 2019, in Celgene Corp. v. Peter, the Federal Circuit (CAFC) held that “retroactive application of IPR proceedings to pre-AIA patents is not an unconstitutional taking under the Fifth Amendment.” A provision of the Fifth Amendment, known as the “takings clause”, provides that private property shall not “be taken for public use, without […]

3 Reasons to Build your Patent Portfolio

By Kirk M. Hartung

A strong patent portfolio provides many benefits to the owner. Patents are an asset that have value, and that value can come in different forms. 1. Patents force competitors to design around the patented invention. As your company spends resources, including time and money, in research and development (R & D), the resulting inventions are […]

40 Years on, Bayh-Dole is Stronger than Ever

The Bayh-Dole Act was passed in 1980 and is arguably one of the most successful pieces of bipartisan legislation ever passed. The first line of the Act says, “It is the policy and objective of the Congress to use the patent system to promote the utilization of inventions arising from federally supported research or development….” […]

Buying the Cow: Why Branding is Commonly Concealed in TV Shows and Movies

By Nicholas J. Krob

 Have you ever been watching a TV show and noticed that certain logos on various products were covered with tape or otherwise concealed? Do you know why that is? If you don’t, you’re not alone.  In a controversial video posted last month by guitar giant Gibson, the company issued a warning stating that it was […]

2018 Farm Bill: Proposed Regulations for Comment

By Heidi Sease Nebel

The United States Department of Agriculture (USDA) has published proposed regulations for comment to enact the 2018 Farm Bill, Public Law No: 115-334, Sec. 10108. As one may recall, the bill amended the United States Plant Variety Protection (PVP) Act to add asexually propagated plants as a potential PVP certificate option. As a USDA PVP […]

USPTO To Require U.S. Licensed Attorney for Trademarks

By Luke T. Mohrhauser

On July 2, 2019, the United States Patent & Trademark Office (USPTO) released a rule related to foreign-domiciled trademark applicants, registrants, and parties to Trademark Trial and Appeal Board (TTAB) proceedings. The rule, which takes effect on August 3, 2019, states that all foreign-domiciled parties must be represented at the USPTO by an attorney who […]

Drafting the Fine Print: Every Word is Significant in a License Agreement

By Blog Staff

Licensing agreements can be both complex and extensive, however, diligence must be exercised in ensuring that the scope of rights to be transferred are clearly defined. The failure to do so may result in disputes over the interpretation of licensing agreements, where each word and phrase may be painstakingly scrutinized in court. Such disputes arose […]

State Sovereign Immunity Does Not Apply to IPR Proceedings

By Blog Staff

On June 14, 2019 in Regents of the University of Minnesota v. LSI Corp., the Federal Circuit (CAFC) held that state sovereign immunity does not apply in inter partes review (IPR) proceedings. On appeal, the CAFC affirmed a decision by the Patent Trial and Appeal Board (PTAB) that declined to dismiss petitions for IPR proceedings […]