Washington, D.C. – U.S. News & World Report and Best Lawyers, for the 11th consecutive year, collaboratively announce the release of the “Best Law Firms” rankings. The Kim & Lahey Law Firm has been recognized for this honor three times since it was founded in 2018.
by Cherish BentonU.S. Patent and Trademark Office releases 2022-2026 Strategic Plan
Plan sets priorities that enable the agency’s new mission and vision
WASHINGTON, DC (June 7, 2023) — The U.S. Patent and Trademark Office (USPTO) today published its 2022-2026 Strategic Plan, completing a planning process that welcomed more than 150 comments on the draft version from the public and USPTO employees.
“We are reimagining the USPTO of the future, an agency that issues, upholds, and protects robust and reliable IP rights that incentivize innovation and bring more ideas to market for and from all,” said Under Secretary of Commerce for Intellectual Property and USPTO Director Kathi Vidal. “Our 2022-2026 Strategic Plan is our path forward for continued success – we thank everyone who provided feedback throughout the planning process to make this plan ambitious, focused, and relevant.”
The new plan outlines the USPTO’s mission-focused strategic goals:
1. Drive inclusive U.S. innovation and global competitiveness;
2. Promote the efficient delivery of reliable intellectual property (IP) rights;
3. Promote the protection of IP against new and persistent threats;
4. Bring innovation to impact for the public good; and
5. Generate impactful employee and customer experiences by maximizing agency operations.
The plan directly supports the USPTO’s new mission of driving U.S. innovation, inclusive capitalism, and global competitiveness, and its new vision of unleashing America’s potential, with multiple objectives directly linked to each of these five goals.
For more information on the USPTO 2022-2026 Strategic Plan, visit www.uspto.gov/StrategicPlan.
by Carol KilloughHunter Freeman joins Kim, Lahey & Killough
Patent Attorney Hunter Freeman joins longtime colleagues at
Kim, Lahey & Killough
Kim, Lahey & Killough Law Firm is pleased to announce the addition of patent attorney Hunter Freeman to the firm’s Greenville, SC, office. Freeman’s law practice focuses primarily in the areas of patents, trademarks, trade secrets, contracts, licensing, copyrights, litigation and mediation.
Previously, Freeman worked with firm co-founders Doug Kim and Seann Lahey for 15 years at a large South Carolina firm. Since those early years, each has grown in knowledge, experience and emphasis on the intellectual property needs of South Carolina. Additionally, the number of tech companies in the state has grown by more than 250% during those years, and the need for legal strategies that empower businesses of all sizes to succeed has increased accordingly. “I am excited for the future as we work together to address the growing number of tech innovations born out of South Carolina,” commented Freeman. “I am eager to work alongside my friends again, and with the rest of the firm, to build, expand, develop, and advance the future of business in South Carolina and beyond.”
Freeman has experience in a myriad of industries to include medical devices, manufacturing, aerospace, software and tech, marketing, food beverage and hospitality, consumer products, startups and entrepreneurs, among others.
“As our clients’ needs continue to grow and evolve, we understand the importance of having another trusted colleague in our firm who can navigate the complex world of intellectual property protection and enforcement. With the addition of Hunter Freeman we now have five IP attorneys and are well suited to handle the growing needs of businesses and corporations across South and North Carolina,” observed Doug Kim. “And for those seeking to avoid litigation, we now have two intellectual property mediators in Hunter Freeman and Bill Killough.”
Freeman shares the client-centric philosophy of Kim, Lahey & Killough and enjoys sharing his knowledge to help strengthen and support South Carolina’s entrepreneur ecosystems. He routinely speaks at entrepreneurial workshops and his articles have been published in IP WatchDog, Intellectual Property & Technology Law Journal, South Carolina Lawyers Weekly, and UpState Business Journal. Hunter Freeman has been recognized for his work by his peers and the business community as he is listed in The Best Lawyers in America®, South Carolina Super Lawyers, and in Greenville Business Magazine, as a Legal Elite of the Upstate.
Freeman earned a Bachelor of Science in physics at Rhodes College, and his Juris Doctor from the University of South Carolina School of Law. He is admitted to practice before all state and federal courts within South Carolina Courts, as well as the United States Court of Appeals for the Fourth Circuit, and the United States Patent and Trademark Office.
With offices in Greenville and Charleston, SC, and Brevard, NC, the Kim, Lahey & Killough Law Firm is devoted to helping clients establish, enforce and leverage their intellectual property rights from the Upstate to the Lowcountry and across the globe.
by Kim, Lahey & Killough Law FirmJoin Us: Special Webinar Series featuring the U.S. Patent Office!
Hear from national experts during this five-part webinar series. You will learn everything from the basics of intellectual property, including trademarks, patents and copyrights, to how to protect your inventions using the claims process. Session titles include: The Path to a Patent, IP basics, patent searching, drafting a patent application, and drafting patent claims.
The Path to a Patent, Part I: IP Basics
June 8, Presenter: Elizabeth Dougherty, USPTO
Elizabeth discussed intellectual property basics during this interactive virtual session. In this module, she provided a brief overview of the different types of IP (patents, trademarks, trade secrets, and copyrights). She reviewed the patenting process from invention to application to issue. Finally, she covered requirements for patentability, how to determine whether a provisional or non-provisional application is right for you, and how to weigh the costs and benefits of hiring a patent attorney.
The Path to a Patent, Part II: Patent Searching
July 8, Presenter: Cynthia Sdrewski, USPTO
Before you file your patent application, you need to conduct a prior art search. At this virtual presentation, you will learn about the benefits of searching, how to perform a prior art search using keywords and the Cooperative Patent Classification (CPC) system, and how to build a search strategy. We will also provide resources for filing your application.
The Path to a Patent, Part III: Drafting a Patent Application 101
July 21, Presenters: William Vaughn, USPTO, and Attorney Doug Kim
Learn how to prepare for a patent during this interactive workshop. USPTO experts and Attorney Doug Kim will share insights on the formalities and requirements of drafting a patent application, as well as common pitfalls to avoid. For example, when do you know you’re ready to apply for a patent? How do you prepare and what questions should you ask an attorney? Join us for the answers and to learn about state and regional patent pro bono programs that offer financial aid for inventors.
The Path to a Patent, Part IV: Learn How to Draft Patent Claims
Wednesday, August 4 @11:00am, Presenters: Stephen Yanchuk, USPTO and Attorney Doug Kim
Claim drafting may be the most important part of protecting your invention. How do claims work in the courtroom? Why do they matter? Learn the basics of claim drafting from USPTO Primary Patent Examiners and Attorney Doug Kim in this interactive workshop. You will develop a better appreciation of how a patent examiner views a claim during the course of examination. We’ll also cover some of the latest infringement cases involving big-name brands and discuss how wording in their claims may have affected outcomes.
The Path to a Patent, Part V: Electronic filing in DOCX using Patent Center
Thursday, August 19 @11:00am, Presenter Kimberly Williams
DOCX is a word processing file format based on open standards, including Extensible Markup Language (XML) that is supported by many popular word processing applications, such as Microsoft Word, Google Docs, Office Online, Pages for Mac, and LibreOffice. As an open standard format, DOCX offers a safe and stable basis for authoring and processing intellectual property documents. Uploading a multi-section document in DOCX format containing the specification, claims abstract and drawings is detected and split into single files for each section and document codes are automatically assigned, which saves initial processing time. A feedback document is generated pre-submission where warnings and errors are pinpointed in a copy of the uploaded document in real time, which reduces time responding to non-compliant notices and enhances the quality of examination.
by Kim, Lahey & Killough Law FirmUnited States Issues Patent Number 11,000,000
WASHINGTON – The United States Patent and Trademark Office (USPTO) today officially issued U.S. patent number 11 million, recognizing an important milestone in American innovation and ingenuity.
“This momentous benchmark is a reminder of the remarkable and enduring tradition of American innovation that has driven our nation forward for generations,” said U.S. Secretary of Commerce Gina Raimondo. “Building our economy back stronger requires new ideas and innovative solutions from every sector. I am proud to recognize patent 11 million, its inventors, and its promise.”
“Since the founding of our nation, American inventors have driven our culture and commerce with incredible ideas that have improved every function of our lives,” said Drew Hirshfeld, performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO. “We owe a debt of gratitude to inventors who continue to show up day after day with solutions to the world’s most pressing problems. We congratulate the inventors behind patent 11 million and all of the innovators who helped the country reach this milestone.”
Patent number 11 million, granted to co-inventors Saravana B. Kumar and Jason S. Diedering of 4C Medical Technologies, Inc. in Maple Grove, Minnesota, is for a utility patent that provides a new method for delivering, positioning, and/or repositioning a collapsible and expandable stent frame within a patient’s heart chamber.
“We are incredibly excited and honored to be granted U.S. patent number 11 million for our invention,” said inventor Saravana Kumar. ”The 4C Medical beginning is a true story of American entrepreneurship, where Jason and I worked in a garage many nights and weekends to turn this idea into reality. We could not have gotten here without the support of so many, including my wife Katherine and 4C Medical’s founder, physician Dr. Jeff Chambers. Currently, our team is actively working to demonstrate the benefits of our technology to treat patients with severe mitral regurgitation as part of a U.S. clinical trial.”
“4C Medical’s approach to inventing is simple—we identified a need, created a solution, and demonstrated its benefits. We are a team of highly driven and creative engineers who are committed to bringing lifesaving technologies to people who need it most,” explained inventor Jason Diedering.
Background on the U.S. patent system
Patents predating the Patent Act of 1836 were unnumbered, identifiable only by the name of the patentee and the date of issue. These patents became known as “X-patents” after Patent No. 1 was granted to Senator John Ruggles on July 11, 1836 for a traction wheel for steam locomotives—the first patent issued under the new law, which officially assigned patent numbers. A few months after the Patent Act of 1836 was enacted, a catastrophic fire at the Patent Office destroyed almost all of the records and models related to the X-patents. Efforts to reconstruct the records lost in the fire continue to this day.
Patent 11 million comes three years after the USPTO issued patent number 10 million in 2018. As part of that celebration, the USPTO redesigned the official U.S. patent cover—the seal-and-ribbon document awarded with each patent grant—paying homage to the classic elegance of its predecessors. A list of the patent milestones can be found here.
by Kim, Lahey & Killough Law FirmKim & Lahey Law Firm Named to “Best Law Firms” List 2021
Firms included in the 2021 Edition of U.S. News – Best Lawyers “Best Law Firms” are recognized for professional excellence with consistently impressive ratings from clients and peers. To be eligible for a ranking, a firm must first have a lawyer recognized in The Best Lawyers in America©, which recognizes the top 5% of private practicing lawyers in the United States. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.
Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Almost 108,000 industry leading lawyers are eligible to vote (from around the world), and they have received over 13 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2021 Edition of The Best Lawyers in America©, 9.4 million votes were analyzed, which resulted in more than 67,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor.
by Kim, Lahey & Killough Law FirmUS Patent & Trademark Office Waives Fees in Response to Coronavirus Outbreak
The United States Patent and Trademark Office (USPTO) issued a notice on March 16th to offer relief for certain inventors and entrepreneurs who were affected by the Coronavirus outbreak. The notice states the USPTO “considers the effects of the Coronavirus outbreak that began in approximately January 2020, to be an extraordinary situation within the meaning of 37 CPR 1.183 and 37 CPR 2.146 for affected patent and trademark applicants, patentees, reexamination parties, and trademark owners.”
Patent applicants will be able to file a petition to revive and the PTO will waive the fee for those who were unable to “timely reply to an Office communication due to the effects of the coronavirus outbreak, which resulted in the application being held abandoned or the reexamination prosecution terminated or limited.”
The petition to revive must include a copy of the notice and a statement that “the delay in filing the reply required to the outstanding Office communication was because the practitioner, applicant, or at least one inventor, was personally affected by the Coronavirus outbreak such that they were unable to file a timely reply.” The petition must be filed no later than six months after the date the application became abandoned or the reexamination prosecution was terminated or limited in order to be entitled to a waiver of the petition fee under 37 CPR 1. l 7(m).
The USPTO is also waiving fees for trademark applications and registrations that were abandoned or canceled/expired due to inability to timely respond to a trademark-related Office communication as a result of the effects of the Coronavirus outbreak, however, the petition must be filed no later than two months of the issue date of the notice of abandonment or cancellation. Download the full notice: coronavirus_relief_ognotice_031620201.
Questions or concerns about your Patents or Trademarks? Call us at 864-973-6688 for a consultation.
by Kim, Lahey & Killough Law FirmKim & Lahey Law Firm Named to “Best Law Firms” List 2020
Washington, D.C. – U.S. News & World Report and Best Lawyers, for the 10th consecutive year, collaboratively announce the release of the “Best Law Firms” rankings. This is the second time in less than two years that the Kim & Lahey Law Firm has been recognized for this honor.
Firms included in the 2020 Edition of U.S. News – Best Lawyers “Best Law Firms” are recognized for professional excellence with consistently impressive ratings from clients and peers. To be eligible for a ranking, a firm must first have a lawyer recognized in The Best Lawyers in America©, which recognizes the top 5% of private practicing lawyers in the United States. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.
“Choosing the right law firm can be a vital decision,” said Tim Smart, executive editor at U.S. News & World Report. “The rankings draw on U.S. News’ 35 years of experience evaluating complex institutions to help individuals and companies alike make the best decisions.”
The 2020 rankings are based on the highest number of participating firms and client votes received on record. Almost 16,000 lawyers provided more than 1,229,000 law firm assessments, and more than 12,000 clients participated providing 107,000 evaluations.
“For the 2020 ‘Best Law Firms’ publication, the evaluation process has remained just as rigorous and discerning as it did when we first started ten years ago.” says Phil Greer, CEO of Best Lawyers. “This year we reviewed 14,931 law firms throughout the United States – across 75 national practice areas – and a total of 2,106 firms received a national law firm ranking. We are proud that the ‘Best Law Firms’ rankings continue to act as an indicator of excellence throughout the legal industry.”
by Kim, Lahey & Killough Law FirmDoug Kim Selected to 2019 SC Super Lawyers List
Douglas Kim, Partner, Kim and Lahey Law Firm, LLC
Douglas Kim, a longtime intellectual property attorney in the Upstate area, has been selected to the 2019 South Carolina Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.
Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.
Based in Greenville, South Carolina, Doug started his own law firm in March of 2018. Soon after, he partnered with longtime friend and colleague, Seann Lahey, in what is now the Kim and Lahey Law Firm, LLC. They assist clients, both domestically and internationally, who are looking to safeguard innovative ideas or inventions, secure their brand’s identity, or otherwise need to protect their business interests. They take a client-centric approach toward understanding a client’s needs in order to create customized legal solutions involving patents, trademarks, copyrights, trade secrets, enforcement, licensing, contracts, privacy policies, and website terms and conditions.
Doug also serves as the Chair of the South Carolina Bar Intellectual Property and Innovation Committee.
The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit SuperLawyers.com.