Faster Patent Application Examinations for 2019
October 11, 2019
Post by Kirk M. Hartung
The US Patent and Trademark Office (USPTO) has been working for many years to improve patent examination times. Processing and examining patent applications in a high quality and timely manner has been an important aspect of the USPTO 2018-2022 Strategic Plan. For the 2019 fiscal year ending in September, the USPTO has met their goal for patent prosecution timelines.  Specifically, average tota.......
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Trademarks: Property Plus Insurance
October 11, 2019
Post by Gregory "Lars" Gunnerson
Intellectual property is a category of property that includes intangible creations of the human intellect. It is widely accepted patents, copyrights, and trademarks confer an exclusive right. Unlike patents and copyrights, the constitutional foundation for trademark law is the Commerce Clause, U.S. Const., Art. I, § 8, cl. 3, rather than the Intellectual Property Clause, U.S. Const., Art. I. § 8, cl. 8. .......
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US Courts Tripping over TRIPS
October 09, 2019
Post by Oliver P. Couture, Ph.D.
This summer, the Australian Federal Court went the other way in Sequenom, Inc. v. Ariosa Diagnostics, Inc. than the US, finding that the method of detecting fetal DNA in maternal blood to be eligible subject matter and that the patent was valid and infringed. While the Federal Circuit described the invention as “truly meritorious” and “ground breaking”, they found it to be invalid because it was directed.......
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Walking Alone: Liverpool FC Fails to Obtain Namesake Trademark
October 05, 2019
Post by Nicholas J. Krob
English Premier League soccer club Liverpool FC may have scraped by with a victory against Sheffield United last weekend, but that luck does not appear to have extended to the U.K. Intellectual Property Office.  Earlier this year, the club announced that it had submitted an application with the IPO to register LIVERPOOL as a trademark in a variety of classes for soccer (well, “football”)-related goods and s.......
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A Simple Fix to §101 with Arbitration
October 03, 2019
Post by Kirk M. Hartung
This summer’s decision by the Federal Circuit in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, highlights the consensus that something needs to be done regarding the current state of the law of patent eligibility under 35 U.S.C §101. In particular, the judicially created exceptions to patentability under 101 are laws of nature, natural phenomena, and abstract ideas. The last, abstract ide.......
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Playing the Numbers Game on U.S. Patent Office Appeals and Trials
August 29, 2019
Post by Patricia A. Sweeney - Of Counsel
Numbers don’t always tell the story, but they can provide interesting highlights. The United States Patent & Trademark Office (USPTO) tracks various statistics of patent appeals and trials. The mid-year statistics in 2019 provide an interesting look at the direction of the USPTO. Appeal results remain largely the same, with a longer look at trial outcome. In fiscal year 2019, the pendency of time to a .......
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IP Legal Considerations for Live Streaming
August 28, 2019
Post by Brandon W. Clark
If you’re one of the millions of people that log into a social media platform each day, it’s highly likely that you have encountered a rapidly growing number of live streams. Now that live streaming is available to anyone with a smartphone, the potential legal issues and concerns are much more relevant to the average person. This article gives you an overview of the intellectual property considerations p.......
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Meet DABUS: An Artificial Intelligence Machine Hoping to Maintain Two Patent Applications in its own Name
August 22, 2019
Post by Tina G. Yin Sowatzke, Pharm.D.
Tina G Yin-SowatzkeThree patent offices face questions stemming from the growing implications of artificial intelligence (AI) disrupting the intellectual property legal framework. The United States Patent Office (USPTO), European Patent Office (EPO), and United Kingdom Intellectual Property Office (UKIPO) recently received two patent application filings directed to a beverage container and a flashing device used .......
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Claim Construction Must be Resolved Before Making Eligibility Determinations
August 19, 2019
Post by Blog Staff
On August 16, 2019, in MyMail, Ltd. v. ooVoo, LLC, the United States Court of Appeals for the Federal Circuit (CAFC) vacated and remanded a decision made by the U.S. District Court for the Northern District of California because the court failed to resolve a claim construction dispute before making a patent eligibility determination at the judgment on the pleadings stage. MyMail owns two patents it asser.......
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"The" Ohio State Tries to Trademark the Word "THE"
August 15, 2019
Post by Sarah M. Luth
On August 8, 2019 The Ohio State University filed a trademark application with the United States Patent and Trademark Office for the word mark “THE” to be used in connection with clothing, namely “t-shirts, baseball caps and hats.” Unlike Ohio State’s other trademark applications, which cover the phrase “The Ohio State University” as a whole, the August 2019 application covers only the word “THE.” A t.......
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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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