Behind the Scenes of the J.E.M. Ag Supply, Inc., v. Pioneer Hi-Bred International, Inc. Supreme Court Arguments I had the privilege of being involved in the seminal U.S. Supreme Court case that held that utility patents are properly available for plant varieties, J.E.M. Ag Supply, Inc., v. Pioneer Hi-Bred International, Inc., 534 U.S. 124 (2001). My father, Ed Sease, a named partner of our firm and a career intellectual property (IP) litigator, […] Read Post →
Plant Breeder’s Rights In Africa: A Personal Story 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 […] Read Post →
Reflections on Intellectual Property and Plant Breeding since 1924 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 […] Read Post →
European Parliament proposals, the good and the ban……….. The European parliament has been busy in the area of plants lately. I was excited to learn of the relaxation of the regulation of plants produced by “New Genetic Techniques” at the recent ASTA meeting in Monterey California. Today, I learned of a more disappointing development, the vote of a complete ban on patenting of […] Read Post →
Exciting News from the USDA Announced Today for US Plant Breeders The United States’ implementation of UPOV’s Plant Breeders Rights is singularly unique in the world, in that it does not require field trials and testing results. An applicant’s representations as to Distinctness, Uniformity and Stability, are accepted without confirmation in a US application for Plant Breeders Rights, or PVP. When filing for analogous Plant Breeders […] Read Post →
Annual Report of the Patent Public Advisory Committee is Now Public. After a year of hard work and an unprecedented number of requests for comments, advanced notices of pubic rule making, interactions with Director Vidal, as well as a fee setting proposal for 2025, the annual report of the Patent Public Advisory Committee is now public. For those who missed our public hearing November 30, the […] Read Post →
It Is Our Duty to Protect the Patent System. Here’s How We Can. This article was first published in AUTM Insight. As an attorney in private practice, time is money – quite literally. The billable hour looms over every business day. With that in mind, people often ask me why I choose to volunteer my time and serve for organizations such as AUTM, the Plant Variety Protection (PVP) […] Read Post →
Get out and Support Technology Transfer and the USICA! Research that is conducted at our many Universities has changed the lives of us all with valuable scientific advances that translate into commercial products. Public sector research has lead to ground breaking new technology such as gene editing, as well as cutting-edge mRNA Covid-19 vaccines. Other commercial products such as high-definition televisions, Google’s search algorithm, […] Read Post →
Celebrating International Women’s Day International Women’s Day on March 8th each year celebrates the social, economic, and political achievements of women around the world. The day also brings international awareness to gender parity. The state of Iowa has a storied history of gender equality with the Arabella Mansfield, the first woman in the country admitted to a state bar […] Read Post →
Biden Names Winston & Strawn’s Vidal For USPTO Director President Biden announced today that he is nominating Kathi Vidal of Winston & Strawn as the new U.S. Patent and Trademark Office (USPTO) Director. Vidal is a patent litigator and managing partner of the Silicon Valley office of Winston & Strawn, where she has been since 2017. Prior to that, she was with Fish & […] Read Post →
MVS congratulates Dr. John McKay and our client, New West Genetics, for being featured on the cover of Genetics The article titled “Quantitative trait loci controlling agronomic and biochemical traits in Cannabis sativa” is published in this prestigious journal and makes up for lost time in understanding the genetics of important traits in Hemp. Understanding the genetic basis of complex traits is a fundamental goal of evolutionary genetics. Yet, the genetics controlling complex traits […] Read Post →
PVP Office Now Accepting Hemp Seed Deposits The USDA is now indicating that it has formalized arrangements with the National Laboratory for Germplasm Resources Preservation (NLGRP) to begin accepting Hemp Seed Deposits for Plant Variety Protection Applications. A seed deposit for a Plant Variety Protection Certificate acts as a “voucher” to prove that the application is accurate and that the applicant had […] Read Post →
Celebrating International Women’s Day International Women’s Day on March 8th each year celebrates the social, economic, and political achievements of women around the world. The day also brings international awareness to gender parity. The state of Iowa has a storied history of gender equality with the Arabella Mansfield, the first woman in the country admitted to a state bar […] Read Post →
Celebrating Technology Transfer Professionals Day on December 12th Tomorrow we celebrate Technology Transfer Professionals Day and salute all those who work in helping our universities and research institutions in advancing their discoveries to a final product or service. These professionals are responsible for successful innovation management, corporate engagement, protecting and licensing inventions to companies, new venture creation and incubation, and economic development. This […] Read Post →
Pioneers of Revolutionary CRISPR Gene Editing Win Chemistry’s Nobel Peace Prize Two scientists who pioneered the revolutionary gene-editing technology are the winners of this year’s Nobel Prize in Chemistry. Emmanuelle Charpentier, now at the Max Planck Unit for the Science of Pathogens in Berlin, and Jennifer Doudna, at the University of California, Berkeley, were recognized for their work developing the CRISPR–Cas9 gene-editing tools. The technology allows […] Read Post →
EPO does not follow the US and JEM on Patentability of Plants 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 […] Read Post →
Plant Patent filings can now be made Electronically Due to the COVID-19 Outbreak 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 […] Read Post →
Plant Variety Protection (PVP) Advisory Board Update 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 […] Read Post →
COVID-19 NLGRP closure and PVP concerns The National Laboratory for Genetic Resources (NLGRP) has temporarily closed due to COVID-19. They are not accepting seed or tuber germplasm at this time. They have requested that all germplasm deposits be delayed until further notice. What do I do if I need to make a deposit for my PVP application? If you have filed […] Read Post →
MVS Preparedness and Response to COVID-19 McKee, Voorhees & Sease, PLC (MVS) recognizes the increasing disruptions, anxiety, and suffering caused by COVID-19. Our deepest sympathy, thoughts and prayers of calm and strength go out to all who have been personally affected around the world. Our firm monitors information released by the Centers for Disease Control (CDC), the Department of State and […] Read Post →
2018 Farm Bill: Proposed Regulations for Comment 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 […] Read Post →
Big Changes Ahead for Plant Variety Protection (PVP) 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 […] Read Post →
MVS Obtains Juristat Software Ever wonder if you have been “blessed” with a difficult Examiner? Wondered if your issue in a case has been successfully resolved in another case? Wondered if your competitors are having the same issues before the United States Patent & Trademark Office (USPTO) as you? Wondered how many cases your competitor has filed? Wondered if […] Read Post →
2018 Farm Act has important IP Implications At long last, the 2018 Farm bill has been approved by Congress and forwarded to the President for signature. As I blogged earlier, the bill has important Intellectual Property Implications. The first is that it adds PVP protection for asexually reproduced plants. The addition will allow asexually reproduced plants, which are now protectable under the […] Read Post →
Gene Editing Regulatory Setback The gene editing world was dealt a tremendous blow by the European Union (EU) in a decision issued July 25, 2018. The shock comes as the United Stated Department of Agriculture (USDA) recently announced that it would treat all gene edited crops with a deletion as outside of the regulations relating to “genetically modified” crops. […] Read Post →
10 MONTH CONVERSION DEADLINE?? New Bayh Dole Regulations a Trap for the Unwary Under the Bayh-Dole Act, businesses and nonprofit organizations that receive federal government funding, such as the National Institutes of Health (NIH), the United States Department of Agriculture (USDA), or Small Business Innovation Research (SBIR) grants, may retain ownership of inventions and patent applications that have been made with such funding. The requirements to retain ownership […] Read Post →
A Commentary on Women in the Profession and MVS A recent article appeared in the Lexis Nexis news piece “Law360”, describing the dismal results of their annual “Glass Ceiling Report”. The article concluded that there had been “limited progress” for female attorneys in a male-dominated profession. Women have represented over 40% of law school students for decades, according to the American Bar Association, yet, […] Read Post →
In Memoriam–Michael Voorhees IN MEMORIAM Michael G. Voorhees 1941-2018 We are deeply saddened by the loss of an exceptional friend, partner, advocate, and leader. Mike was born in Des Moines, Iowa on April 17, 1941 and received degrees from Iowa State University and Drake Law School. He practiced law in St. Louis, before joining the firm in 1970. […] Read Post →