James M. Weatherly

James M. Weatherly is a patent attorney with Cochran Freund &Young LLC. James counsels clients about protecting, enhancing and enforcing their intellectual property rights both in the United States and internationally. He has obtained patents, plant breeders rights, trademarks, copyrights, licenses and set up trade secrets policies. James has managed matters in the fields of agriculture, horticulture, biofuels, biotechnology, pharmaceutical, nutrition, telecommunications, mechanical and computer software.

In particular, James has managed a variety of legal matters related to the agriculture and plant industry, including trait based and seed based agronomic patents, plant patents, United States Plant Variety Protection, and Plant Breeders Rights in North America, Europe, Africa, South America, Asia and Australia, as well as Federal Seed Act issues. James has successfully prosecuted the registration of trademarks in North America, Europe, Africa, South America, Asia and Australia for the fruit, vegetable, seed crop, horticulture and grass industries. James has also managed the litigation of trademarks in North America, Europe and Asia.

James served as an Agriculture Volunteer in the Republic of Haiti with the United States Peace Corps where he worked for an agriculture laboratory working to improve agricultural production in Haiti. Prior to becoming an attorney, James worked for the USDA's Rocky Mountain Research Station conducting research in natural resources. James has a Master's degree in Botany with an emphasis in microbiology.

Bar Admissions / Licensures

• Colorado
• Wyoming
• United States Patent and Trademark Office
• U.S. District Court, District of Colorado

Professional and Community Affiliations

• Colorado Bar Association
• Wyoming Bar Association
• International Community of Breeders of Asexually Reproduced Ornamental and Fruit Plants (CIOPORA)
• American Seed Trade Association (ASTA)
• Colorado Seed Association

Publications and Speaking Engagements

• Co-author: "Protecting Plant Genetics," Grower Talks Magazine (October 28, 2016)
• Co-author: : “The Forgotten Patent," Greenhouse Product News (November 2013)
• Co-author: : “Bowman vs. Monsanto" Seed World (September 2013)
• Co-author: “Supreme Court Holds: Patent Exhaustion Does Not Apply to Patented Seeds," SeedWorld (September 2013)
• Credited: “Navigating the Seed of Confusion" Julie McNabb, Seed World (December 2012)
• Co-author: “Hey you stole my plant!" GrowerTalks Magazine (October 2012)
• Co-author: "What Happens When a Patent Expires?" Germination Magazine (January 2012)
• Co-author: "Obama Reforms Patent Law," SeedWorld (December 2011)
• Co-author: "What Happens When a Patent Expires?" SeedWorld (December 2011)
• Co-author: "Patent Reform in the U.S.," CIOPORA Newsletter (November 2011)
• Co-author: "Developing an IP Strategy: Plant Patents," Greenhouse Product News, Vol 21 Number 9 (September 2011)
• Co-author: "Plant Patent Primer: A step-by-step guide for protecting your new plants with a U.S. plant patent" Greenhouse Grower (mid-September 2011)
• Co-author: "A Plant by Any Name is Not the Same," GrowerTalks Magazine (June 23, 2011)

• Presenter: Hemp Regulatory Conference, Basics of Seed Innovation and Seed IP, Denver, Colorado September 26, 2016
• Presenter: SIPA Education Unit, Hurdles of Enforcement of Seed IP, Monterey, California September 21, 2016
• Panelist: Hemp Industry Association, Intellectual Property for Seed, Broomfield, Colorado September 19, 2016
• Presenter: AOSCA, Basics of SIPA and New Breeding Techniques, Annual meetings, Park City, Utah June 2016
• Presenter: SIPA Education Unit, Maintenance of Seed IP, Portland, Oregon June 2016
• Presenter: IEOSA meetings Basics of Intellectual Property, McCall, Idaho, Utah June 2016
• Presenter: SIPA Education Unit, Licensing of IP, Research Triangle, North Carolina April 22, 2016
• Presenter: California Seed Association, Annual Meeting, Napa, California March 22, 2016
• Presenter: Pacific Seed Association, Annual Meeting, Basics of Intellectual Property, Santa Fe, New Mexico, March 7, 2016
• Panelist: Association of University Technology Transfer Managers, Basics of IP, Employee Onboarding, San Diego, CA February 15, 2016
• Presenter: Corn Belt Annual Meetings, Introduction to SIPA, Indianapolis, Indiana – February 4, 2016
• Presenter: SIPA Education Unit, Proper IP Labeling, Anaheim, California February 1, 2016
• Presenter: ASTA Flower and Vegetable, Update on the SIPA Program, meetings, Anaheim, California February 1, 2016
• Panelist: Colorado Department of Agriculture Hemp Conference, January 2016
• Presenter: ASTA CSS, SIPA Ed Unit, December 7, 2015
• Presenter: UC Davis SeedCentral, Benefits of Seed Innovation, Davis California, November 2015
• Panelist: CSSA, Crop Science Society Association, Minneapolis, Minnesota November 2015
• Presenter: ASTA Farm and Lawn, Update on the SIPA Program Kansas City, Missouri, November 2015
• Presenter: European Seed Association - Emerging Issue Working group, Update on the SIPA Program Vienna Austria, October 2015
• Presenter: SIPA Education Unit, Impact of the AIA on Seed IP, September 2015
• Presenter: California Seed Association: Board of Directors; General Assembly September 2015
• Presenter: AMSAC, Mexico Seed Association; Update on the SIPA Program Board of Directors; Vegetable Emerging Issues, Cancun, Mexico, September 2015
• Presenter: Kansas Wheat Alliance Board of Directors, Introduction to SIPA Program Manhattan, Kansas August 2015
• Presenter: North Dakota Grain Grower Association, Introduction to SIPA Program Fargo, North Dakota August 2015
• Presenter: AASCA, Proper Seed Labeling, St. Louis, Missouri July 2015
• Presenter: California Leafy Greens Counsel, Introduction to SIPA Program Fresno, California March 2015
• Presenter: California Seed Association Meetings, Introduction to SIPA Program Palm Springs, California March 2015
• Presenter: Association of University Technology Transfer Managers, Introduction to SIPA Program New Orleans, LA– February 2015
• Presenter: ASTA IPR Committee, Introduction to SIPA Program Tampa, Florida, January 2015
• Presenter: ASTA CSS, Introduction to SIPA Program Chicago, IL December 2015
• Presenter: PVP Advisory Board, Introduction to SIPA Program Chicago, IL, December 2015
• Presenter: ASTA Communications Committee, Introduction to SIPA Program Kansas City, MO November 11, 2015
• Presenter: ASTA Summit presentation, Introduction to SIPA Program Kansas City, MO November 10, 2014
• Presenter: Western Seed Association, Introduction to SIPA Program Kansas City, MO November 9, 2014
• Presenter: “Bowman v. Monsanto,” United Soybean Breeders Conference, St. Louis, Missouri, February 2013.
• Presenter: “Basics of Patent Litigation,” CIOPORA Annual Conference, Miami, Florida, April 2012.
• Presenter: “U.S. Patents and the America Invents Act” U.S. Senator Mike Enzi’s Inventors Conference, Rock Springs, Wyoming, April 2012.
• Co-Speaker: "The basics of Patent litigation (incl. how to avoid a patent infringement)," CIOPORA Annual General Meeting Week 2012, Miami, Florida, April, 2012
• Co-presenter: “An Intellectual Property Strategy for Small and Growing Businesses,” Gro-Biz Conference, Laramie, Wyoming, February 2012.


James M. WeatherlyPractice Areas:

Client counseling; biotechnology, agricultural and horticultural patents; plant patents; foreign Plant Breeders Rights; Plant Variety Protection; Community Plant Variety Rights; U.S. and foreign trademarks; licensing of intellectual property; seed labeling; and Trade Secrets.

Education:

University of Wyoming
(Juris Doctor)

University of Wyoming
(M.S. Botany with an emphasis in Microbiology)

University of Wyoming (B.S. Natural Resources and Mathematics, Political Science)