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On Intellectual Property

On Intellectual Property

Written by: Jeff Harty
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We live in very innovative times where intellectual property rights - patents, trademarks, copyrights, and trade secrets - are a key component to the future success of almost any career or business.

Join Jeff Harty biweekly as he interviews patent and trademark professors, in house IP counsel, business leaders, IP trial attorneys and even members of the judiciary who will provide unique perspectives on what it takes to develop a successful strategy in dealing with intellectual property. Whether you are interested in intellectual property protection, enforcing IP rights or defending IP disputes, this is the podcast for you.

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Episodes
  • Challenges in Navigating Noncompete Agreements and Protecting IP in the Workplace with Fran Haas

    Challenges in Navigating Noncompete Agreements and Protecting IP in the Workplace with Fran Haas
    May 27 2025

    In today’s episode, Jeff Harty and Fran Haas explore the complexities of noncompete agreements, noting their effectiveness in protecting IP but also their challenges. Fran highlights varying state laws on noncompetes and provides valuable insights related to structuring noncompete agreements with remote and mobile workforces.


    In this episode, Jeff Harty and Fran Haas discuss:

    • Noncompete agreements to protect IP and what makes them enforceable.
    • How non-solicitation agreements and confidentiality agreements differ from noncompete agreements.
    • Political pressure against noncompete agreements.
    • State-specific limitations to be aware of.


    Key Takeaways:

    • What the noncompete agreement says, the law that applies, and where your employee is living or working are all variables that can greatly impact the enforceability of a noncompete.
    • Noncompetes are politically unpopular because they are viewed as giving an employer the ability to stop someone from earning a living.
    • Be strategic about your chosen state. Be aware of the laws in the state where your business is organized.


    “Make sure your noncompete is enforceable in your chosen state. That’s a first step. It seems obvious, but with the law changing as much as it is, you should be checking in at least once a year with your employment counsel to make sure your noncompetes are still enforceable.” — Fran Haas

     

    About Fran Haas: In her labor and employment practice, Fran Haas encounters a fair share of difficult cases, but in each matter, she’s determined to reach a conclusion that satisfies her clients. “I’m able to handle all the issues my clients might encounter,” she says. “It’s about being resourceful.”


    Fran litigates for employers in cases related to harassment, discrimination, retaliation, Family and Medical Leave Act, equal pay, and wrongful termination. She negotiates collective bargaining agreements on behalf of management, as well as other labor disputes. She also takes on higher education cases in matters involving Title IX, Title VII, the Violence Against Women Act, and the Iowa Civil Rights Act.


    On a daily basis, Fran takes satisfaction in seeing the legal system at work. As a former law clerk for a federal judge, Fran saw firsthand how the court provides an important service to citizens, something that drives her in her practice. “It’s very rewarding to me when the system works the way it should and we get the outcome for the client,” she says. “It’s not just winning but being part of a process that works.”


    Connect with Fran Haas:

    Website: nyemaster.com/team/frances-m-haas

    Email: fhaas@nyemaster.com

    LinkedIn: linkedin.com/in/frances-haas-47a42819


    Connect with Jeff Harty:

    Website: nyemaster.com/attorney-directory/jeffrey-d-harty

    Email: jharty@nyemaster.com

    LinkedIn: linkedin.com/in/jeff-harty-5a9a1643
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    43 mins
  • Stephen Yang: Navigating China’s Patent Landscape

    Stephen Yang: Navigating China’s Patent Landscape
    Apr 22 2025

    Jeff Harty discusses the evolution of China’s patent system with Stephen Yang. The conversation highlights the shift from foreign to Chinese patent filings, now at more than 3 million annually, with 1.6 million invention patent filings in 2023.


    In this episode, Jeff Harty and Stephen Yang discuss:

    • Patent filing trends in China
    • Types of patent protection
    • Government innovation policies
    • Patent enforcement mechanisms and strategy


    Key Takeaways:

    • China’s patent system has dramatically transformed, with Chinese applicants now dominating patent filings. In 2023, more than 1.6 million invention patent applications were filed, with 1.5 million from Chinese applicants.
    • China offers a unique utility model patent system. It provides a faster, cheaper alternative to invention patents with a lower inventive step threshold. These patents can be granted in about six months and can provide strategic advantages for certain types of subject matter.
    • The Chinese government has actively driven patent innovation through national IP strategies, government subsidies, and incentives. This led to some unintended consequences like “abnormal applications” that are now being addressed.
    • Patent enforcement in China follows a dual-track system with administrative and judicial routes. Foreign patent holders can expect a relatively neutral judicial environment, with nearly 99 percent of prevailing patent holders receiving injunctive relief and increasingly higher damage awards.


    “Right now, the whole atmosphere in China is pro patentee, pro rights holder. Doesn’t matter if it’s domestic or foreign.” —Stephen Yang


    About Stephen Yang: Stephen Yang is a patent attorney and managing partner of IP March. He began to practice IP law in 1997. Educated in both China and Canada, Stephen worked in private practice in China and as in-house counsel in Canada. He has gained a unique perspective in providing legal services to clients.


    Connect with Stephen Yang:

    Website: https://www.ipmarch.cn/en/

    LinkedIn: https://www.linkedin.com/in/stephen-yang-a243303/


    Connect with Jeff Harty:

    Website: nyemaster.com/attorney-directory/jeffrey-d-harty

    Email: jharty@nyemaster.com

    LinkedIn: linkedin.com/in/jeff-harty-5a9a1643
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    39 mins
  • The Importance and Future of the USPTO with Drew Hirshfeld

    The Importance and Future of the USPTO with Drew Hirshfeld
    Apr 9 2025
    Today, Jeff Harty and Drew Hirshfeld talk about the potential impact of the DOGE advisory board on the U.S. Patent and Trademark Office. Their conversation covers how the office is funded and how the USPTO maintains productivity and handles the large backlog of patent applications. They also discuss the impact of the return-to-office executive order and the importance of hiring the best talent as patent examiners, wherever they’re based.In this episode, Jeff Harty and Drew Hirshfeld discuss: The impact of the DOGE advisory board on the USPTO.Advantages of having a clear prosecution record in patent cases.How the hiring freeze and the return-to-office executive order affect those at the USPTO.Extensive productivity reports for USPTO examiners.The crossroads facing the USPTO.Key Takeaways: Those with senior roles at the USPTO often have two main goals: to improve the quality of work and to improve pendency—getting results of patent decisions to the applicants faster.If an examiner is clear as to why they are making decisions and an applicant can see what the examiner is doing, it is easier to understand what is happening. When it is not clear, the examiner and applicant can talk past each other, and that is where discrepancies will happen. Allowing for telework and work from home allows the USPTO to recruit top talent from around the country, not just in the immediate area of the office. The USPTO is unique in that it is entirely funded by user fees, not federal tax dollars.“I think that the USPTO’s best quality initiative is its telework program, its ability for people to work at home, because you’re able to choose people from a pool that’s across the country now, as opposed to just in the Alexandria, Virginia, area.” —Drew HirshfeldAbout Drew Hirshfeld: Hirshfeld was a long-tenured employee of the U. S. Patent and Trademark Office (USPTO) and was named one of Managing IP’s Top 50 Most Influential People in IP in 2021 (Managing IP is part of the Euromoney Institutional Investor PLC group). Hirshfeld began his career at the USPTO as a patent examiner in 1994 and has held a variety of senior management positions. He was named Commissioner for Patents in 2015 and performed the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO from January 2021 to April 2022. Most recently,Hirshfeld served as Acting Deputy Under Secretary of Commerce for Intellectual Property and Acting Deputy Director.Hirshfeld now brings his wealth of patent prosecution and litigation experience to Schwegman Lundberg & Woessner. His achievements included leading the USPTO’s response to the Supreme Court’s 2021 Arthrex decision by implementing a new process for director review of final written decisions from the USPTO’s Patent Trial and Appeal Board; serving on the USPTO’s Precedential Opinion Panel to decide issues of exceptional importance to the Patent Trial and Appeal Board; and overseeing extensive patent prosecution training for patent examiners and members of the public.While performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, Hirshfeld was responsible for more than 13,000 employees and an annual budget of more than $4 billion. He was also responsible for all USPTO functions related to the examination and issuance of all patents. In addition, he championed the USPTO’s mentoring program.Outside of work, Hirshfeld and his wife have three daughters. He enjoys woodworking to make things for his family, including an acoustic guitar, kitchen cabinets, and furniture.Connect with Drew Hirshfeld: Website: slwip.com Email: ahirshfeld@slwip.com LinkedIn: linkedin.com/in/drew-hirshfeld Connect with Jeff Harty: Website: nyemaster.com/attorney-directory/jeffrey-d-hartyEmail: jharty@nyemaster.comLinkedIn: linkedin.com/in/jeff-harty-5a9a1643
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    34 mins
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