Scott D. Locke

Scott D. Locke

Partner

  • P: 212 813-1600
  • F: 212 813-9600
  • E: slocke@creativity-law.com
Practice Areas
Intellectual Property: Prosecution, Litigation, Licensing and due diligence of Patents, and Protection and Enforcement of Trademarks, Copyrights and Trade Secrets
Science and Technology Expertise
Biotechnology; Biology; Genetics, Bioinformatics; Chemistry; Pharmaceuticals, Medical Devices; Chemical Arts, Databases and Business Methods

Scott’s practice concentrates on counseling clients on the strategic allocation of resources to maximize the return of their investment in intellectual property. He has advised clients in the protection and enforcement of intellectual property rights in diverse areas, including RNA interference, SNPs (single nucleotide polymorphisms), DNA synthesis, genetics, coatings, pigments, paints, photocatalysts, automobile catalysts, fuel cells, Internet based businesses, medical devices, jewelry and luxury goods. He has also assisted clients in conducting due diligence on potential acquisition targets, and in positioning and packaging their own intellectual to make themselves more attractive targets. He also prepared and analyzed competitive intellectual property landscapes.

Scott has authored on articles that include:

2008 “Business Method Patents: The Challenge of Coping with an Ever Changing Standard of Patentability”,The Fordham Intellectual Property, Media and Entertainment Law Journal, 5: 1079-1094
2007 “Intellectual Property for the Botanist and Plant Breeder: An Overview of Protection Afforded by Plant Patents and Plant Variety Protection Certificates”, Chicago-Kent Journal of Intellectual Property, 198
2006 “Compliance Can be Catalyst for a Smart IP Strategy: You Have to Pay for It, So Get Your Money’s Worth”, Executive Counsel, September
2006 “Creating and Demonstrating Value in the Intellectual Property of Biotechnology Companies”, Financier Worldwide,
2005 “Fifth Avenue and the Patent Lawyer: Strategies for Using Design Patents to Increase the Value of Fashion and Luxury Goods Companies”, The John Marshall Review of Intellectual Property Law, L. 40
2005 “Losing Patent Rights For Failing to Comply with Bayh-Dole: The Implications of Campbell Plastics Case on Federally Funded University Research”, Journal of the Association of University Technology Managers, Summer
2003 “Patent Litigation Over Federally Funded Inventions and the Consequences of Failing to Comply with Bayh-Dole”, Virginia Journal of Law and Technology,
2001 “Preparing for Bioinformatics Litigation: How Will the Courts Confront the Next Generation of Biotechnology Patents”, Buffalo Intellectual Property Law Journal, 76-94
2000 “When the Human Genome and State Street Collide”, Nature Biotechnology, 18:1009-1010

Scott has also lectured on intellectual property issues that include:

  • The Patent Reform Act of 2007: Where Do We Go From Here? Fordham University, November 16, 2007
  • Navigation of Intellectual Property Issues for the Small-Medium Size Businesses, La Guardia College, September 25, 2007
  • Patenting of the Human Genome at the Internacional Conference, Bienal da Utopia: Human Genome Towards the New Millennium, Cascais, Portugal, July 12 – 14, 2001

Other recent publications include:

  • Scott D. Locke and William D. Schmidt, “Protecting Pharmaceutical Inventions in a KSR World”  Franklin Pierce Intellectual Property Law Review Vol. 50 (1) 1-28 (2009)
  • Scott D. Locke and William D. Schmidt, “Business Method Patents: The Challenge of Coping With Ever Changing Standard of Patentability”  Fordham Intellectual Property, Media & Entertainment Journal Vol. 18 (5) 1078-1094 (2008)
  • Scott D. Locke and William D. Schmidt Business Methods and Software: Patent Issues, “Business Method Patents: The Challenge of Coping With Ever Changing Standard of Patentability” Chapter 2 (Amicus Books – The Icfai University Press) (2008)

Scott is also an adjunct professor of law at Seton Hall University where he designed and teaches: Biotechnology and the Law: Counseling the Start-Up Company on Intellectual Property Issues.

Scott received his Juris Doctorate degree from the University of Pennsylvania School of Law in 1995, where he was a legal writing instructor. He received his Bachelors degree in Biology from Brown University in 1991, where he graduated magna cum laude and was elected to Sigma Xi.

Scott is admitted to the bars of the United States District Courts for the Southern and Eastern Districts of New York and the United States Court of Appeals for the Federal Circuit. He is also admitted to practice in the courts of the states of New York and Connecticut and is registered to practice before the United States Patent and Trademark Office in patent matters.