Jonathan L. Kennedy

Jonathan’s technical training is in chemistry. Adding to his background is a Master’s degree in Bioethics where he focused his research and writing on the ethics of technological regulation at the federal level. His practice is in intellectual property law, including, patents, trademarks, copyrights, and trade secrets. Jonathan’s patent practice focuses on inventions related to chemistry, nanotechnology, and materials science. Example industries that he routinely prepares and prosecutes patent applications in include the energy, medical, and cleaning industries. Representative clients that Jonathan has worked for include Fortune 500 companies, universities, start-ups, and individual inventors. Jonathan also actively litigates intellectual property lawsuits with experience in state and federal courts. Jonathan has argued at the Federal Circuit and before multiple USPTO panels. Jonathan’s litigation experience includes examination of witnesses at a federal jury trial, arguing evidentiary motions and objections at federal trial, motion practice in both state and federal courts, including claim construction, complex evidentiary issues, summary judgment, and post-trial briefing. He also actively represents clients in filing and prosecuting trademark applications before the USPTO. He is the Chair of the Iowa State Bar Association IP Section Council (2017 – 2020), served as Chair for the American Chemical Society’s Division of Chemistry and the Law in 2018, and is currently the Treasurer for the American Chemical Society’s Division of Chemistry and the Law.

  • Biotechnology Patents
  • Chemical Patents
  • Copyright and Media Law
  • Design Patents
  • Electrical Patents
  • International
  • Litigation
  • Trademarks
  • Academic Research and Technology Transfer
  • Agritech
  • Chemistry, Material Sciences, and Nanotechnology
  • Consumer Products and Technology
  • Food and Beverage Technologies
  • Pharma and Nutra

Professional Associations

American Bar Association

American Chemical Society, Division of Chemistry and the Law

  • Executive Committee Secretary and Programming Co-Chair, 2015-16
  • Executive Committee Programming Co-Chair, 2015
  • Secretary and Chair Elect, 2017
  • Chair, 2018
  • Past-Chair, 2019
  • Treasurer, 2020

Association of University Technology Members, Central Region Member

Iowa Intellectual Property Law Association

Iowa State Bar Association

  • IP Section Council Member, 2015-2017
    • Co-chair of IP Section Council Legislative Subcommittee
  • Chair of the IP Section, 2017-2020
  • e-Commerce Section Council Member, 2014

Polk County Bar Association

Education

Drake University Law School, J.D., with Honors, 2012

  • Drake Law Review, Research Editor
  • Drake Law Review, Junior Staff Member
  • Intellectual Property Moot Court Team

Trinity International University, M.A., Bioethics, with Honors, 2008

Trinity International University, B.A., Chemistry, 2007

Presentations

“Business Basics: Protecting Intellectual Property,“ Presenter, November 22, 2019, Polk County Bar Association, General Practice CLE, Des Moines, Iowa.

“Ethical Considerations and Best Practices in Working with Foreign Counsel on IP Matters,” Presenter, October 22, 2019, Iowa State Bar Association, IP Section Webinar Series.

“So You Want to be a Patent Attorney or IP Professional,” Co-Presenter, June 13, 2019, American Chemical Society, Division of Chemistry and the Law 2019 Webinar Series.

“Section 101 Update: What Can We Learn from the Recent Patent Eligibility Cases and Guidelines,” Presenter, November 14, 2017, Iowa State Bar Association, IP Section Webinar Series.

“Patent Specification Requirements:  What’s in Common and What is Different in the US, Europe, and Southeastern Asia? Considerations and Standards for US Patent Specifications and Claims,” Presenter, August, 22, 2017, 254th American Chemical Society National Meeting.

“Chemical Patents: How to Navigate the Changing Legal Landscape to Protect Your Chemical Technology,” April 4, 2017, 253rd American Chemical Society National Meeting, San Francisco, California.

“Joint Inventorship of Patents,” Co-Presenter, June 13, 2017, American Chemical Society, Division of Chemistry and the Law 2017 Webinar Series.

“Trade Secret Law Update,” Presenter, December 2, 2016, Iowa State Bar Association eCommerce & Intellectual Property Law Seminar, Des Moines, Iowa.

“Alternative Protections for Intellectual Property: Trade Secrets and Plant Variety Protection,” Co-Presenter, November 17, 2016, Iowa BIO Legal Forum, Iowa City, Iowa.

“Alternative Protections for Intellectual Property: Trade Secrets and Plant Variety Protection,” Co-Presenter, November 10, 2016, Iowa BIO Legal Forum, Des Moines, Iowa.

“Intellectual Property: Ask the Experts,” Panelist, October 11, 2016, South Dakota Innovation Expo, Rapid City, South Dakota.

“Recent Developments in Patent Law,” Presenter, July 12, 2016, Iowa State Bar Association, IP Section Webinar Series.

“Patenting Gene Sequences: What is Patentable in Australia, Europe, Mexico and the U.S.?” Moderator, March 13, 2016, San Diego, California.

“Responding to Online Infringement and IP Registration with U.S. Customs and Border Protection,” Presenter, December 11, 2015, Iowa State Bar Association eCommerce & Intellectual Property Law Seminar, Des Moines, Iowa.

“Intellectual Property Strategies for Technology Employing Natural Resources,” Presenter, March 25, 2015, 249th American Chemical Society National Meeting, Denver, Colorado.

“Intellectual Property Issues and Hydraulic Fracturing Disclosure Laws,” Presenter, March 19, 2014, 247th American Chemical Society National Meeting, Dallas, Texas.

“Trade Secrets: Another Option for Protecting Your Innovations,” Presenter, September 12, 2013, 246th American Chemical Society National Meeting, Indianapolis, Indiana.

“First-Inventor-to-File, Post-Grant Review, and Derivation Proceedings:  What Implementation of the Most Recent AIA Provisions Means for You as an Inventor or Patent Practitioner,”  Presenter, April 11, 2013, 245th American Chemical Society National Meeting, New Orleans, Louisiana.

“Defending Your Trademarks in the Brave New World of gLTDs,” Co-Presenter, April 8, 2013, Iowa State Bar Association, IP Section Webinar Series.

Publications

Note, Double Standard and Facilitated Forum Shopping:  A Historical Approach to Resolving the Circuit Split on Copyright Registration Timing, 60 Drake L. Rev. 305 (2011)

Master’s Thesis, A Foundation for the Regulation of Neuropharmacologicals Based Upon Social and Ethical Concerns in Light of Principles of Restorative Medicine, Trinity International Graduate School 2008

Bar & Court Admissions

Iowa State Bar

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. District Court, Southern District of Illinois

U.S. District Court, Northern District of Iowa

U.S. District Court, Southern District of Iowa

U.S. District Court, District of Minnesota

U.S. District Court, Eastern District of New York

U.S. District Court, Western District of North Carolina

U.S. District Court, Northern District of Texas

U.S. District Court, Eastern District of Washington

United States Patent and Trademark Office, Registered Attorney

Awards & Recognition

The Best Lawyers in America®, 2018–2021

Saul Lefkowitz Moot Court Team Member for Trademark Law Oral Advocacy Competition, Drake University Law School (Spring 2012)

Vice President, Drake Law School Intellectual Property Law Society (2011–2012)

Drake Law Review, Research Editor, Vol. 60 (2011–2012) and Junior Staff Member, Vol. 59 (2010–2011)

Research Assistant to Visiting Professor and Director of the Constitutional Law Center Miguel Schor, Drake University Law School (2010–2011)

Tutor at Trinity International University for Contemporary Chemistry, General Chemistry I, General Physics I, Nursing Chemistry, and Organic Chemistry I & II (2004–2007)

Teacher’s Assistant at Trinity International University for Dr. John Cannon in Organic Chemistry I & II (2005–2007) and Prof. Daniel Kim in General Physics I (Fall 2005)

President of Senior Giving Committee, Trinity International University (2005–2006)

Student Body Vice President, Trinity International University (2005–2006)

2019 Trade Secret Law Developments

Since the passage of the Defend Trade Secrets Act (“DTSA”) in 2016, there have been questions as to how the law would be applied in trade secret litigations. 2019 provided indicators on some trends in the application of the law as well as its interplay with state trade secret claims. Two issues of particular relevance […]

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Protecting Your Nanotechnology Inventions – Part 3: Enabling Your Invention

In granting patent rights, i.e., the right to exclude others from making, using, selling, and importing, the government requires that the inventors educate the public as to their invention by adequately describing it and enabling it. Enablement is a question of whether the application contains sufficient information so as to enable one skilled in the […]

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Protecting Your Nanotechnology Inventions – Part 1: Defining Your Space

In a recent post, I discussed the increasing focus on nanotechnology research including the growing number of patents issued and government funding in nanotechnology research. Obtaining the strongest and broadest protection for your nanotechnology should be a focus of any research and intellectual property (IP) strategy. There are things that can be done during research […]

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Just Because It’s Nanoscale, Doesn’t Mean It’s Not a Big Deal

Nanotechnology has been taking innovation by storm for decades now and its only increasing its footprint. This is reflected in the growing number of granted patents and published applications directed to nanotechnology inventions. For example, according to StatNano (an organization that monitors and publishing information regarding nanotechnology global developments), more than 20,000 granted patents and […]

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