100 Years of Patents – Agricultural Planting Equipment As McKee, Voorhees & Sease celebrates its 100th anniversary this year (2024), it is good to look back on the technological developments and advances that have occurred. There is no better place to look than through patent filings and grants. One particular area that we in the Midwest are well versed in is agriculture. Let’s […] Read Post →
In Memoriam – Bruce W. McKee We are deeply saddened by the passing of a great friend and partner. Bruce was born on May 3, 1934, and grew up on a farm in Poweshiek County in Iowa. He graduated from Iowa State University in 1956 with a Bachelor’s Degree in General Engineering. After graduation, although recruited as an engineer by some […] Read Post →
USPTO Introduces New Tool to Help Creators Identify Their Intellectual Property This is from a Press Release that was issued yesterday by the USPTO. Yesterday at the U.S. Patent and Trademark Office’s (USPTO) Women’s Entrepreneurship (WE) event in Naples, Florida, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office Kathi Vidal announced the launch of the agency’s new […] Read Post →
IP is Everywhere!!! We attend a lot of conferences and other events, and it is not uncommon to hear someone tell us, “Your job seems exciting, but we just don’t have any IP.” So, let’s step back. What is Intellectual Property (“IP”)? Isn’t it just Patents? No! There is so much more, including patents, copyrights, trademarks, trade dress, […] Read Post →
Trademarks and the First Amendment: Bars v. TV Shows A recent case out of the 11th Circuit (covering AL, GA, and FL) addressed the interplay between federal trademark laws and the First Amendment of the U.S. Constitution, but in a fun setting (trust me, IP law is fun). On the one side is the trademark owner for FLORA-BAMA trademarks and properties (MGFB). For those […] Read Post →
USPTO Continues Transition to Filing Patent Applications in DOCX The United States Patent and Trademark Office (USPTO) continues the push towards requiring all patent applications to be filed in DOCX format, instead of PDF, which is currently the case. Applicants would be able to still file in PDF format, but with an extra surcharge fee. As you recall, this was intended to go into […] Read Post →
USPTO Terminates Global Patent Prosecution Highway with Rospatent The United States Patent and Trademark Office (USPTO) announced today, effective March 11, 2022, that it will no longer grant requests to participate in the Global Patent Prosecution Highway (GPPH) at the USPTO when such requests are based on work performed by Rospatent (Russian Patent Office) as an Office of Earlier Examination under the GPPH. […] Read Post →
Innovation in a Time of Need – An Employment Perspective – Part 2 In the previous post we talked about creating an environment that fosters innovation and encourages all employees at a company to participate in the process. This post will discuss protecting your innovation from other outside parties. Now that you have created an environment that fosters innovation and you are seeing the benefits of your new […] Read Post →
Innovation in a Time of Need – An Employment Perspective – Part 1 We have all heard the sayings, “Necessity Breeds Innovation” or “Crisis Breeds Innovation”. In recent times, there is plenty of necessity and crisis. Take, for instance, the issues facing many companies, including those in the manufacturing industry. At a recent conference, in conversations with clients, and in numerous articles, the same sentiment is provided – […] Read Post →
Starting the Clock on Basketball Whistle Patent Infringement A recent patent infringement complaint in North Carolina illustrates how patents cover and help sporting events. While golf is the undeniable king of patents in the sports realm, with over 22,000 patents since 1976, other sports do see innovation and patenting as well. Take, for example, Michael J. Costabile’s inventions captured in U.S. Patent Nos. […] Read Post →
NIL and University Intellectual Property Controls One issue that has not been greatly addressed with respect to student-athletes being able to monetize on their rights of publicity (i.e., name, image, and likeness – NIL) is how will universities and colleges monitor the use of their intellectual property (IP). Universities are very protective of their trademarks, copyrights, and any IP that is […] Read Post →
USPTO to Provide a Deferred-Fee Provisional Patent Application Pilot Program In yet another effort to encourage innovation to combat COVID-19, the United States Patent and Trademark Office recently announced a pilot program that attempts to expedite the protection and disclosure of innovations. The pilot program, titled “Deferred-Fee Provisional Patent Application Pilot Program and Collaboration Database to Encourage Inventions Related to COVID-19”, allows inventors to file […] Read Post →
Patents 4 Partnerships Marketplace The USPTO recently rolled out a new IP Marketplace Platform called “Patents 4 Partnerships” (https://developer.uspto.gov/ipmarketplace/search/patents). According to a press release and information released by the USPTO, the marketplace is an attempt to bring together those who have technologies and want to make them available for licensing and those who have an interest in and the […] Read Post →
USPTO To Require U.S. Licensed Attorney for Trademarks 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 […] Read Post →
Federal Circuit Sets Limits on Precise Values Included in Claims 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 […] Read Post →
Questions Remain for Venue Considerations Post TC Heartland A recent decision in a patent infringement case involving John Deere suing both AGCO Corporation and its subsidiary, Precision Planting LLC, in the District of Delaware illustrates that not all answers from the Supreme Court’s 2017 decision of TC Heartland LLC v. Kraft Foods Grp. Brands LLC are clear. The TC Heartland decision included, in […] Read Post →
Design Patents and Indefiniteness In a recent decision, the Federal Circuit addressed indefiniteness and enablement issues under 35 U.S.C. § 112 as they apply to design patent applications. In In re: Ron Maatita, the court held that two-dimensional drawings in design patents can meet the definiteness and enablement requirements under § 112, and that the determination includes, at […] Read Post →
Patent Rights are NOT Monopoly Rights There has been a long believed and conveyed statement that patent rights provide a “legal monopoly”. While this may be a simple way to explain the rights held by one issued patent, this is simply not true. Monopolies, at their core, attempt to control a market or an aspect of a market. Patents provide protection […] Read Post →