Suiter Swantz IP Welcomes Amy Brooks to the Team
Amy Brooks joined Suiter Swantz IP as the accounting manager for the firm in 2024. She holds a Bachelor of Arts Degree in Accounting from Briar Cliff University, as well as an Associate's degree in financial services.
Amy has extensive experience in all areas of accounting. Her professional background includes holding key roles as Controller and Accounting Manager at several prominent Omaha businesses.
Outside of work, Amy enjoys spending time with her family and exploring her passion for personal finance.
We are happy to have Amy with us here at Suiter Swantz IP and appreciate the experience she brings to the firm!
For more information about Amy, refer to our team page.
Suiter Swantz IP is a full-service intellectual property law firm providing client-centric patent, trademark, and copyright services. If you need assistance with an intellectual property matter and would like to speak with one of our attorneys, please contact us at info@suiter.com.
The Evolution of Basketball: Patents That Shaped The Game
The Evolution of Basketball: Patents That Shaped the Game
As we dive into the world of basketball and get ready for the “madness,” it's fascinating to see how patents have shaped the game we love today. From the ball itself to the hoops and shoes, each innovation has contributed to the evolution of basketball. Let's take a closer look at some key patents that have made a significant impact.
Basketball: US Patent 1,718,305 (1929)
The basketball we know today has come a long way since its first iteration. In 1929, George L. Pierce was awarded US Patent No. 1,718,305 for his design of the basketball.
This patent addressed issues with earlier balls, which were made from panels of leather that tapered to points at the sphere's poles where they were laced together. Pierce's design changed the shape of the panels and stitched the ball closed, resulting in a more balanced and resilient ball.
Fun fact: Until the late 1950s, basketballs were actually dark brown! It was a college basketball coach, Tony Hinkle, who thought the color was too dark for fans to see, leading to the iconic orange basketball we use today.
Basketball Goal/Hoop: US Patent 2,053,635 (1936)
The evolution of the basketball hoop is equally intriguing. Alvie Sandberg patented one of the closest versions to the modern-day net in 1936 with US Patent No. 2,053,635. This is the same design still used today in basketball games worldwide.
Before this, the game was played with peach baskets, which had to be manually emptied after each score. Sandberg's innovation allowed for a more seamless and efficient game.
Whistle with possession control indicating system: US Patent 7,987,809 (2011)
In 2011, Luis H. Uribe and Anthony J. Palmeri patented a revolutionary whistle with possession control indicating system under US Patent No. 7,987,809. This innovative design integrates a possession indicator directly into the whistle, allowing referees to accurately track which team has possession without taking their eyes off the game. The whistle features a friction lock slider or a pop-up indicator that displays 'H' for home team or 'V' for visitor team, ensuring precise and efficient game management. This advancement has significantly improved the accuracy and efficiency of basketball officiating.
Basketball Shoes: US Patent 1,962,526 (1934) & US Patent 5,276,983 (1994)
No basketball game is complete without the right shoes. In 1934, John T. Riddell received US Patent No. 1,962,526 for his design of basketball shoes.
These shoes featured a rubber sole attached to a leather upper, providing players with better traction and durability. While the design may seem simple compared to today's high-tech basketball shoes, it was a significant step forward in the evolution of sports footwear.
Fun fact: Riddell is the owner of several sports-related patents, including football helmets!
Then, in 1994, Nike's Tinker Hatfield patented an innovative design for athletic shoes with US Patent No. 5,276,983. This patent introduced a backtab pull and tongue pull, making it easier for wearers to don and remove snug-fitting athletic shoes. The backtab pull includes a strap on the shoe's posterior, while the tongue pull features holes in the extended tongue, allowing for a controlled and evenly distributed pulling force. This design significantly improved the functionality and comfort of athletic footwear. Nike continues to innovate athletic footwear.
Summary of Game-Changing Innovations
From the ball to the hoop to the shoes, each patent has played a crucial role in shaping the game of basketball. These innovations have not only improved the quality of the game but have also contributed to its global popularity. As we celebrate the game of basketball this March, let’s cheer for our favorite teams to win the bracket – and let's appreciate the inventors and their groundbreaking contributions that have made the sport what it is today.
John Squires Nominated as Next Director of USPTO
John Squires Nominated as Next Director of USPTO
President Donald Trump has nominated John Squires as the next Director of the United States Patent and Trademark Office (USPTO). The nomination, announced on March 10, 2025, has been referred to the Senate Judiciary Committee for consideration. If confirmed, Squires will succeed Kathy Vidal, who served as the USPTO Director during the Biden Administration.
John Squires Background
John Squires is currently the Chair of the Emerging Companies and IP practice at Dilworth Paxson LLP, a position he has held since 2017. He has a background in both patent litigation and prosecution, with a focus on FinTech and risk management. His career began at Morgan & Finnegan in 1992, where he practiced both patent prosecution and litigation. He later moved to Clifford Chance LLP, representing clients in the chemical, biotech, pharma, technology, and manufacturing sectors. Squires also served as Chief IP Counsel at Goldman Sachs from 2000 to 2009, where he founded the bank’s IP practice.
Implications for Strong Patent Rights
Squires' nomination is seen by many as a positive development for those advocating for strong patent rights. He has been described as relatively pro-patent, and his experience in both the private sector and law firms positions him well to understand modern IP challenges. However, his past commentary on patent trolls has been negative, which may raise concerns among some stakeholders. Overall, his nomination is expected to bring a balanced approach to patent eligibility, post-grant proceedings, and the growing patent application backlog.
Views on Patent Eligibility (Section 101) and Software Patents
John Squires has expressed views on patent eligibility under Section 101, advocating for broader standards that would encompass a wider range of inventions, particularly those related to finance and banking. He co-authored an amicus brief in the Bilski v. Kappos case, which argued for more inclusive patent eligibility criteria. Squires believes that expanding patent eligibility through legislation, especially for software and FinTech innovations, is crucial for fostering innovation and protecting intellectual property. His stance on software patents is similarly supportive, recognizing the importance of protecting software-related inventions to encourage technological advancements.
Challenges Ahead
One of the most significant challenges Squires will face as the new Director of the USPTO is addressing the large backlog of unexamined patent applications. The backlog has been a persistent issue, with delays in patent examination hindering innovation and market entry strategies for many companies. The new USPTO leadership is focused on clearing the backlog, but it remains a major challenge. Squires will need to implement strategic improvements to streamline patent processes and enhance collaboration between the USPTO and the private sector. The transition to Squires' leadership is expected to bring a shift towards more technology-focused IP policies, potentially leading to updates in patent examination guidelines to better accommodate innovations in various IP areas.
Suiter Swantz IP extends its congratulations to John Squires on his nomination as the next Director of the USPTO. We look forward to seeing the positive changes and advancements that will come from his leadership.
Suiter Swantz IP is a full-service intellectual property law firm providing client-centric patent, trademark, and copyright services. If you need assistance with an intellectual property matter and would like to speak with one of our attorneys, please contact us at info@suiter.com.
Celebrating National Ag Day: Patents That Revolutionized Agriculture
Celebrating National Ag Day: Patents That Revolutionized Agriculture
National Ag Day is celebrated annually in March. It’s a day to recognize the groundbreaking innovations that have shaped modern agriculture. Patents have played a crucial role in fostering advancements in agricultural technology. Let's take a closer look at some impactful agricultural patents that have revolutionized the industry.
Eli Whitney's Cotton Gin: US Patent No. 72X (1794)
Eli Whitney, a notable innovator of his time, invented the cotton gin. The patent for this invention was issued on March 14, 1794. This simple yet effective machine separated cotton fibers from seeds, significantly reducing the labor required for cotton processing. Before the cotton gin, it took hours to produce a single pound of cotton. Whitney's invention increased productivity, allowing one machine to produce up to 50 pounds of cleaned cotton in a day. This vastly outperformed manual methods. This new invention quickly revolutionized southern agriculture, making the cultivation of short-staple cotton an exceedingly profitable venture almost overnight. The cotton gin had profound economic and social impacts on the American South, including the start of the Civil War within the next 10 years.
Image: The Atlantic
Hiram Moore's Combine Harvester: US Patent 9,793X (1835)
Nearly 100 years after the cotton gin, the first combine harvester emerged. Patented by Hiram Moore in 1835, it revolutionized the way crops were harvested. This machine combined three essential harvesting processes—reaping, threshing, and winnowing—into one efficient operation. Some sources say he exchanged letters with others citing his name for the machine to be the Thresher.
Early versions of the combine harvester were pulled by teams of 20 horses or mules and could harvest large fields in a fraction of the time it took manual labor. The combine harvester's efficiency and productivity have made it a staple in modern agriculture, significantly reducing the manpower required for harvesting.
Agriculture Machine U.S. Patent No. 635,501
In 1899, Jacob J. A. Morath was granted a patent (U.S. Patent No. 635,501) for his agricultural machine. The invention includes a propulsion mechanism that plows the ground and severs plant roots, with vertical adjustment capability. The traction devices allowed the machine to travel over fields and roads, steering around curves or bends. Read more about the history of this machine in a past blog post.
Image: Google Patents
John Deere's Weed Seed Based Harvester
John Deere has been at the forefront of agricultural innovation for nearly two centuries. One of their recent patents, US11206763B2, introduces a harvester that includes a crop path along which crops are moved, a working member to interact with weed seeds moving along the crop path, and a controller. The controller receives data indicating forthcoming weed seeds and outputs control signals to control the working member based on the data1. This technology represents a significant leap forward in precision agriculture, improving efficiency, sustainability, and crop yields.
Image: Google Patents
Celebrating Achievements in Ag
As we celebrate National Ag Day, it's important to acknowledge these inventors and all the others who have contributed to transforming agriculture.
In the last 10 years, more than 40,000 patents for agricultural inputs have been granted. As the global population grows, advancing agricultural innovation becomes increasingly crucial. At Suiter Swantz IP, we are proud to support and protect the innovations that drive progress in agriculture.
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Suiter Swantz IP is a full-service intellectual property law firm providing client-centric patent, trademark, and copyright services. If you need assistance with an intellectual property matter and would like to speak with one of our attorneys, please contact us at info@suiter.com.
Suiter Swantz IP Achieves Top Ranking in Juristat's 2024 USPTO Patent Firm Rankings
We proudly announce that Suiter Swantz IP was recognized by Juristat as the #1 firm in the country for patent allowance rate and the #4 firm overall in Technology Center 2800 of the USPTO.
Presidents' Day and Patent History
Celebrating Presidents and Patents
As we approach Presidents' Day, it's a fitting time to reflect on the unique contributions of some of our nation's leaders to the field of patents and intellectual property. At Suiter Swantz IP, we recognize the importance of innovation and the protection of intellectual property, values that were shared by some of our most esteemed presidents.
Abraham Lincoln: The Inventive President
Abraham Lincoln holds the distinct honor of being the only U.S. president to have received a patent. In 1849, Lincoln was granted Patent No. 6,469 for a device designed to lift boats over shoals and other obstructions in a river. His invention, which involved the use of inflatable bellows attached to the sides of a boat, was inspired by his own experiences navigating the waterways. Although the device was never manufactured, it stands as a testament to Lincoln's inventive spirit and his deep understanding of the importance of patents in fostering innovation.
George Washington: The First to Sign a Patent
George Washington, our nation's first president, played a pivotal role in the establishment of the U.S. patent system. During his presidency, Washington signed the first patent under the Patent Act of 1790. This act required each patent to bear the signature of the president, making Washington's endorsement a crucial step in the patent process. Washington's commitment to the advancement of agriculture, commerce, and manufacturing was evident in his support for a robust patent system, which he believed would drive economic growth and innovation.
Thomas Jefferson: The First Patent Examiner
Thomas Jefferson, who served as the Secretary of State under President Washington, is often regarded as the first patent examiner. The Patent Act of 1790 established a three-member review board, including the Secretary of State, the Secretary of War, and the Attorney General, to evaluate patent applications. Jefferson's meticulous approach to reviewing patent applications set a high standard for the patent examination process. Despite his initial opposition to monopolies, Jefferson came to appreciate the value of patents in promoting creativity and innovation.
Patents in the U.S. Today
As of today, the United States Patent and Trademark Office (USPTO) has issued over 11 million patents. In 2024 alone, the USPTO granted 324,042 patents. One can only wonder if our past presidents could have envisioned the sheer volume of patents that the system they helped establish would eventually produce. Their foresight in creating a robust patent system has undoubtedly played a crucial role in fostering the innovation and technological advancements we see today.
As we celebrate Presidents' Day, let us remember the contributions of these visionary leaders to the field of patents and intellectual property. Their efforts laid the foundation for a system that continues to protect and encourage innovation, driving progress and economic growth. At Suiter Swantz IP, we are proud to carry on this legacy by providing expert patent services to inventors and businesses alike.
Suiter Swantz IP is a full-service intellectual property law firm providing client-centric patent, trademark, and copyright services. If you need assistance with an intellectual property matter and would like to speak with one of our attorneys, please contact us at info@suiter.com.
Celebrating National Inventor's Day: Honoring the Innovators of 2024
Celebrating National Inventor's Day: Honoring the Innovators of 2024
Happy National Inventor's Day! On February 11, we celebrate the brilliant minds whose inventions shape our world and drive progress. This day recognizes the creativity, perseverance, and impact of inventors who turn ideas into reality.
President Ronald Reagan established National Inventor's Day in 1983 to honor Thomas Edison's birth, one of America's greatest inventors. Edison, who held over 1,000 patents, is best known for his inventions such as the phonograph, the motion picture camera, and the electric light bulb.
This day reminds us of the importance of innovation and the impact inventors have on our daily lives.
At Suiter Swantz IP, we work with some of the most innovative thinkers of our time. Today, we spotlight a few remarkable inventors from 2024 whose groundbreaking work significantly impacts 2025 and beyond.
Inventors of 2024: Pioneers of Innovation
John J. Hopfield and Geoffrey E. Hinton: These Nobel Prize winners in Physics made foundational discoveries and inventions that enable machine learning with artificial neural networks. Their work laid the groundwork for today's powerful machine learning systems.
Hopfield created an associative memory that can store and reconstruct images and other types of patterns in data. Hinton invented a method that can autonomously find properties in data, performing tasks such as identifying specific elements in pictures.
Their contributions have been instrumental in the development of artificial neural networks, which are now used in a vast range of applications, from developing new materials to enhancing image recognition technologies.
David Baker, Demis Hassabis, and John Jumper: Awarded the Nobel Prize in Chemistry, these inventors cracked the code for proteins' complex structures. Their achievements in computational protein design and protein structure prediction hold enormous potential for advancements in medicine and biotechnology. Hassabis and Jumper developed an AI model called AlphaFold, which predicts the structure of proteins with remarkable accuracy. Baker has succeeded in designing entirely new kinds of proteins, opening up possibilities for new treatments and technologies.
Inventions That Shaped 2024
Image source: Time.com
From the 200 best inventions of 2024, as highlighted by TIME, we see a diverse range of innovations that change how we live. Some notable inventions include:
- IMDELLTRA™ (tarlatamab-dlle) by Amgen: This is the first T-cell engager therapy for the treatment of extensive-stage small cell lung cancer (ES-SCLC). IMDELLTRA has demonstrated impressive response rates and overall survival in clinical trials, offering new hope for patients with this aggressive form of cancer.
- NASA's Advanced Composite Solar Sail System: This technology allows spacecraft to "sail on sunlight," using the Sun's rays for propulsion. It represents a significant advancement in space travel, providing an alternative to chemical and electric propulsion systems.
- Cerebras Systems Wafer-Scale Engine 3: The largest-ever chip, engineered by Cerebras Systems, embeds both memory and logic on a dinner plate-sized chip. This third-generation chip can train models ten times bigger than OpenAI’s GPT-4 and will be part of the Condor Galaxy 3 supercomputer under construction in Texas.
These inventions are a testament to the power of human ingenuity and the relentless pursuit of progress. They remind us that the spirit of invention is alive and well, driving us toward a brighter future.
Join Us in Celebrating Inventors
As we celebrate National Inventor's Day, let us appreciate the inventors who make our lives better through their creativity and hard work. At Suiter Swantz IP, we commit to supporting inventors by protecting their intellectual property.
Cheers to the inventors of today and tomorrow! May your innovations continue to inspire and transform the world.
Enhance Your Game-Day Experience with These Snack Innovations
Enhance Your Game-Day Experience with These Snack Innovations
As the teams prepare for The Big Game, intellectual property protections and innovations help create excitement around the game. The Super Bowl, which is the second-highest food consumption day in the United States following Thanksgiving, showcases how IP plays a big part in how we fans experience the game. From trademarked phrases and team logos to creative snacks and the trays that serve them, intellectual property enhances our game-day experience in many ways.
Patented Innovations for the Ultimate Watch Party
1. Beverage Can, US D732,402
Anheuser Busch Inc. was granted a design patent for this style of can in 2015 (USD732402S1). Does it look familiar? Many of the beverages we enjoy today come in cans, and the history of cans dates back to the first tin cans in the 1800s. On Super Bowl Sunday, Americans consume over 325 million gallons of beer, spending around $1.3 billion on beer in the two weeks leading up to the game and an additional $1 billion during the game itself. Beer tops the list of beverages at Super Bowl parties, with 41% of Americans planning to serve or drink beer during the event.
2. Pizza Box, US D767,989
Pizza Hut was granted a design patent for this style of pizza box in 2016. The history of the pizza box is an interesting one. The idea for pizza boxes dates back to when pizza first became popular internationally after World War II.
In the 1960s, a man named Tom Monaghan, who later founded Domino’s Pizza, revolutionized pizza delivery when he patented the first corrugated cardboard pizza box. This first design was simple and featured a flat, rectangular shape with tall edges to keep the pizza from sliding around during transport. It was also lightweight and inexpensive to produce.
This began years of innovation related to methods of holding foods, including pizza. Over the years, pizza companies learned to make pizza boxes that better retained heat, made use of recycled cardboard, and even included their logos on the top. Different variations of how the box folds is another way designs have varied.
3. Football Helmet-Shaped Pasta, US D680,296
Kraft Foods was granted this design patent in 2012. Guillermo Haro, one of the inventors listed on the patent, is also credited with many other pasta shapes, such as a rainbow, bear, pumpkin and dolphin. Football helmets have been a staple of the game since the 1920s, evolving from leather to plastic in the 1940s. The first plastic helmet was patented by John T. Riddell, Sr. and John T. Riddell, Jr. in 1942. Plastic helmets were safer and withstood wet conditions better than leather, allowing for the introduction of colored helmets. Today, football helmets continue to evolve to make the game safer for players.
4. Seat Arm Cup Holder for Snack Foods, US 8,550,550
In 2013, Joseph Cassese and James Hieswa were granted a utility patent for this seat arm cup holder for snack foods. Talk about convenience! This snack holder includes multiple sections for holding snack food or additional cups. It can fit into the armrest of a seat if you have one. You wouldn’t have to miss a moment of the game - or commercials with this in hand!
These patented items demonstrate how inventive ideas can enhance the entire game-day experience. No matter which team you want to win, or if you’re #teamsnacks, the Super Bowl is rich with historic intellectual property.
At Suiter Swantz IP, we are proud to support and protect innovators and entrepreneurs. If you have questions about patents or trademarks, or need assistance with protecting your own intellectual property, feel free to reach out to us.
Suiter Swantz IP is a full-service intellectual property law firm providing client-centric patent, trademark, and copyright services. If you need assistance with an intellectual property matter and would like to speak with one of our attorneys, please contact us at info@suiter.com.
NIL Deals: A Game-Changer for Collegiate Athletes
NIL Deals: A Game-Changer for Collegiate Athletes
On June 30, 2021, governing bodies in all three divisions of the NCAA adopted a uniform interim policy suspending name, image, and likeness (NIL) rules for all incoming and current college athletes.
Student-athletes may now pursue financial opportunities relating to the commercial use of their name, image, and likeness without the risk of losing their collegiate careers and scholarship eligibility.
Under past NCAA rules, college athletes could not endorse products or services, even if unpaid, and they could not receive payments through similar opportunities capitalizing on their fame.
Now more than three years into allowable NIL activity, a lot is still unclear on the long-term impact for the athletes, the sports, and the NCAA.
Numerous universities across the country have established Name, Image, and Likeness collectives to assist athletes in securing endorsement and employment opportunities. Here are a few ways college student-athletes can leverage their popularity:
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Endorsement Deals: These deals can include social media promotions, public appearances, and traditional advertising. While they often focus on products related to the athlete’s sport, they are not limited to these areas.
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Social Media and Online Content: Collegiate athletes can leverage their substantial social media followings to monetize their presence. By promoting brands, creating sponsored content, partnering with other influencers, and earning advertising revenue from platforms like YouTube, Instagram, and TikTok, athletes can generate significant income.
Note: an athlete’s NIL value depends on the extent of his or her popularity and the size of the market in which they live. And that the amount of money from NIL activities is not enough to put the vast majority of college athletes on track to become millionaires.
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Autographs and Personal Appearances: Athletes can now be compensated for signing autographs and making public appearances at events. They can also charge for training sessions, camps, and clinics, or be compensated for their time when coaching at such events on behalf of the organizers.
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Merchandise Sales: Previously, collegiate athletes were restricted from selling merchandise. Now, they can create and sell their own branded items, such as clothing lines, using their name, image, and likeness, significantly enhancing the potential value of these ventures.
Athlete Examples
High-profile athletes like LSU gymnast Livvy Dunne and Georgia quarterback Carson Beck are securing significant NIL deals, highlighting the financial opportunities available to college athletes.
For a local example, the Creighton University NIL Store, powered by Campus Ink, provides officially licensed merchandising opportunities for every Creighton University student-athlete. The store features a variety of products, including personalized names and numbers for applicable athletes.
What’s Next
The NCAA’s changes have opened numerous doors for collegiate athletes to explore various opportunities. However, athletes must remain mindful of each NCAA member institution's NIL policies, which may include restrictions on certain endorsements. Additionally, states are enacting their own NIL laws, which can vary in terms of what is allowed and how it is regulated.
Collegiate athletes now have to be knowledgeable about both state laws and institutional policies. While athletes can be compensated for coaching and teaching, they cannot receive payment specifically for athletic performance or enrollment at a particular institution. NIL compensation must be tied to legitimate business activities. With careful and prudent approaches, these activities can help athletes develop business and marketing skills, build their personal brand, establish professional connections, and earn money along the way.
The business of NIL deals continues to alter college sports, with top recruits like Bryce Underwood flipping commitments to Michigan based on lucrative NIL offers.
As the landscape continues to evolve, institutions, athletes, and their families will need to stay informed and adaptable to maximize these new opportunities.
About Suiter Swantz IP
Suiter Swantz IP is a full-service intellectual property law firm providing client-centric patent, trademark, and copyright services. If you need assistance with an intellectual property matter and would like to speak with one of our patent attorneys, please contact us at info@suiter.com.
Understanding the Riyadh Design Law Treaty: A New Era for Design Protection
Understanding the Riyadh Design Law Treaty: A New Era for Design Protection
The World Intellectual Property Organization (WIPO) has recently adopted the Riyadh Design Law Treaty, marking a significant milestone in the realm of design protection. This landmark treaty, finalized on November 22, 2024, aims to streamline and harmonize the procedures for protecting designs globally, making it easier, faster, and more affordable for designers to safeguard their innovations across multiple jurisdictions.
Key Changes Introduced by the Riyadh Design Law Treaty
The Riyadh Design Law Treaty introduces several crucial reforms that will benefit designers, particularly small-scale creators and SMEs (Small and Medium-sized Enterprises). These changes include:
- Streamlined Application Requirements: The treaty simplifies the application process, allowing for more flexibility in representing designs through drawings, photographs, or videos. This ensures that designers can choose the most suitable method to showcase their work.
- Multi-Design Applications: Designers can now file multiple designs in a single application, reducing the administrative burden and costs associated with protecting multiple designs.
- Grace Period and Unpublished Designs: The treaty provides a 12-month grace period after a design's first disclosure, allowing designers to test the market before committing to registration. Additionally, it permits the registration of unpublished designs, offering more flexibility and protection options.
- Relief Measures for Missed Deadlines: To prevent irreparable loss of rights due to missed deadlines, the treaty includes provisions for relief measures, ensuring that designers have a safety net in place.
Benefits for Clients
Our clients, especially those in the creative industries, stand to gain significantly from the Riyadh Design Law Treaty. The streamlined application process and the ability to file multiple design applications in a single application will save time and reduce costs. This is particularly advantageous for SMEs, which often operate with limited resources. The grace period allows designers to gauge market interest before committing to registration, providing a strategic advantage. Additionally, the relief measures for missed deadlines offer peace of mind, ensuring that clients' rights are protected even in unforeseen circumstances.
Conclusion
The Riyadh Design Law Treaty represents a significant advancement in the protection of designs, fostering creativity and innovation worldwide. By simplifying and harmonizing the design protection process, the treaty empowers designers and promotes cultural heritage through design protection. These updates were long overdue, addressing the evolving needs of the design community and ensuring that the legal framework keeps pace with innovation. For more information on these developments, including details of the new process and how they might affect your intellectual property strategies, please consult the full article on WIPO’s website.
Suiter Swantz IP is a full-service intellectual property law firm providing client-centric patent, trademark, and copyright services. If you need assistance with an intellectual property matter and would like to speak with one of our patent attorneys, please contact us.
Matt Poulsen Teaches Patent Practice at UNL College of Law this Fall
Matt Poulsen, Co-Owner and Patent Attorney at Suiter Swantz IP, once again teaching Patent Practice and Innovation Management at the University of Nebraska College of Law again this Fall.
The course focuses on the lifecycle of patent-protected innovation and helps give students an understanding of the nature of patents, how patents are obtained, and the strategic use of patents.
Matt obtained his Ph.D., M.S. and B.S. in physics from the University of Nebraska and his Juris Doctor from the University of Nebraska College of Law, graduating with distinction.
Matt represents clients from Fortune 500 companies, universities, startup companies, and individual inventors. His practice is generally focused on IP procurement and protection as well as U. S. and foreign patent preparation and various trademark, copyright, and trade secret matters. Matt also advises clients with respect to various startup related activities, such as early-stage IP strategy.
Suiter Swantz IP is a full-service intellectual property law firm providing client-centric patent, trademark, and copyright services. If you need assistance with an intellectual property matter and would like to speak with one of our attorneys, please contact us at info@suiter.com.
Patent Alert: USPTO to Terminate After Final Consideration Pilot Program 2.0 on December 15
Patent applicants and stakeholders, take note.
USPTO News
In a significant update for patent applicants and stakeholders, the United States Patent and Trademark Office (USPTO) has announced its decision to terminate the After Final Consideration Pilot Program 2.0 (AFCP 2.0) on December 15, 2024. This decision follows a brief extension of the program to allow users time to adjust to its cessation.
The AFCP 2.0 program was initially designed to offer patent applicants additional opportunities to engage with examiners after receiving a final rejection, thereby reducing patent examination times for Applicants.
It aimed to streamline the patent examination process by providing a platform for applicants to make amendments or present arguments that could lead to a resolution without the need for an appeal. However, administering the program has proven costly for the USPTO.
On April 3, 2024, the USPTO proposed implementing a new fee to participate in the AFCP 2.0. This proposal was part of a broader effort to set and adjust patent fees for the fiscal year 2025, intending to offset the high costs associated with running the AFCP 2.0 program.
Despite this effort, feedback from stakeholders indicated a general reluctance to accept the proposed fee, leading to the decision to phase out the program.
The program’s termination may initially seem like a setback for patent applicants, but it is important to note that alternative options remain available for after final consideration.
Applicants can still utilize a Request for Continued Examination (RCE) or file an appeal following a final office action. The USPTO has provided detailed information on these alternatives in the full notice, accessible via the Federal Register and the Patent Related Notices webpage.
So what does this mean for those beyond the legal profession?
Understanding the implications of the AFCP 2.0's termination is crucial for various stakeholders, including inventors, entrepreneurs, and businesses reliant on patent protection. For inventors, this change may prolong the patenting process as it removes a valuable tool frequently used by patent attorneys to shorten patent examination times. With AFCP 2.0 no longer being an available option, applicants will be forced to more frequently rely on an RCE or an appeal for recourse which will add to the cost of securing a patent.
Summary
This termination of the AFCP 2.0 program emphasizes the importance of staying informed about patent law and understanding how such changes can impact the innovation landscape.
At Suiter Swantz IP, we believe it is crucial to stay informed about changes and developments in intellectual property law so we can continue to provide effective counsel to our clients.
If you have questions or concerns, our team of expert attorneys can help.