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Michael D. Van Loy, PhD

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[email protected]

+1.858.314.1559

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Michael is a skilled patent attorney and technology protection strategist. He works with both growing and established companies to create, manage, and improve patent portfolios both in the US and worldwide. He works closely with experts in key patent jurisdictions worldwide to maximize enforceability and business value of clients' intellectual property rights. Michael also advises clients on business-critical IP due diligence issues, patent portfolio valuation, and licensing agreements and has been instrumental in creative resolutions of potential IP roadblocks in high value transactions. 

Clients rely on Michael’s extensive experience, accumulated over 25 years of legal practice, to navigate the nuances of patent procurement and enforcement in Europe, including proceedings before European Patent Office’s (EPO) the Opposition Divisions and Board of Appeal and revocation proceedings before the European Union’s Unified Patent Court (UPC), Asia, Australia, and North and South America. His skills in mining existing patent assets to enhance their enforcement and business value and in designing and implementing programs for protecting ongoing innovations are highly sought after by cutting edge technology companies.

Michael combines a deep and broad technical background with extensive experience developing innovative legal strategies to address patent procurement and freedom to operate involving technologies in the mechanical arts, electronics, chemical engineering, fluid dynamics, aerosol physics, materials science, artificial intelligence/machine learning and other computer-implemented technologies, as well as the increasingly commercially important intersection of software and other technical fields such as drug delivery and other medical devices, analytical and sensing systems, transportation, manufacturing, and consumer products.  

Experience

  • Michael leads the Mintz team responsible for development and management of the worldwide patent portfolio protecting current and future products of a market leading e-cigarette manufacturer.  He applies innovative asset development strategies to leverage existing disclosures and on-going utility and design filings as part of an integrated, global strategy to interdict copycat products with a view toward market share protection and regulatory compliance.
  • Michael co-manages a sizable portfolio for a market-leading German developer of database and business software products, and collaborates with other Mintz attorneys to develop and apply effective strategies for addressing the ever-changing patentability landscape for software-based inventions.
  • Michael also co-manages the Mintz team that designs and implements a US and foreign patent program for one of the world's largest credit rating agencies, which is also a leader in fraud detection and other financial risk mitigation technology. The Mintz team has tailored the company's portfolio and filing strategies with a particular focus on jurisdiction and subject matter analysis to maximize the value of the company’s legal spend while securing protection in the markets where the company is most likely to achieve grant of valuable, enforceable assets.
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viewpoints

IP for Start-Ups: Part III

June 21, 2016 | Blog | By Michael Van Loy

As our weekly "IP for Start-Ups" series continues, IP attorney Mike Van Loy discusses the nuances behind writing claims that are both broad enough to capture potential infringers and specific enough to show that the patent is not covered by prior art, in our third video, "The Importance of Getting the Claims Right in a Patent".
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IP for Start-Ups: Part II

June 14, 2016 | Blog | By Michael Van Loy

Check out the second video in our "IP for Start-Ups" series, "The Folly of the 'One Killer Patent' Strategy", below.  Mike talks about the strategic advantage of having a modest patent portfolio, rather than only a single patent.
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IP for Start-Ups: Part I

June 7, 2016 | Blog | By Michael Van Loy

Protecting your ideas is important, especially as you get your business off the ground.  To kick-off the summer, we're launching our IP for Start-Ups series, with IP attorney Mike Van Loy.
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May 2016 101 Guidance from the USPTO

May 24, 2016 | Blog | By Michael Van Loy, Yogesh Patel

There have been some interesting recent developments, both at the Federal Circuit and the USPTO, regarding subject matter eligibility for patenting as it relates to computer-implemented inventions, software, and other technologies that have been heavily impacted over the past two years by the U.S. Supreme Court’s decision in Alice v. CLS Bank.
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Latest Post-Alice Guidance from the Federal Circuit

May 17, 2016 | Blog | By Michael Van Loy, Howard Wisnia

On Thursday, May 12, 2016, the Federal Circuit reversed a lower court’s finding of invalidity under 35 U.S.C. § 101, as an unpatentable abstract idea, of a software patent concerning a “self-referential” database in Enfish v. Microsoft. In so doing, the Federal Circuit provided some helpful guidance on avoiding Alice rejections for software patents.
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All patent applications submitted to the United States Patent And Trademark Office (USPTO) are examined subject to the requirements set forth in 35 U.S.C. §§101, 102, 103, 112, which respectively address patent eligibility, novelty, inventiveness (e.g. non-obviousness), and disclosure and other formal requirements (e.g., enablement, written description, and clarity/definiteness).
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Not Obvious to Combine for a Person of Ordinary Skill in the Art (POSITA)

May 3, 2016 | Blog | By Michael Van Loy, Monique Winters Macek

Summary: Appellant appealed to the Patent Trial and Appeal Board (“Board”) an obviousness rejection to claims directed to a user interface that displays currency trading information.
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Patents 101: Protecting Innovations

March 23, 2016 | Article | By Michael Van Loy

A deeper dive into the importance and value of patents and the process to get one – from filing through issuance.
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Understanding the Current State of Patent Subject Matter Eligibility Under § 101

November 19, 2015 | Blog | By Christina Sperry, Michael Van Loy

In July the U.S. Patent and Trademark Office issued additional guidelines for determining Subject Matter Eligibility under 35 U.S.C. § 101, as previously discussed at Global IP Matters. 
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Over the past few years, the Supreme Court’s decisions in Alice (Alice Corp. v. CLS Bank Int’l, 134 S.Ct. 2347 (2014)) and Mayo (Mayo Collaborative Servs. v. Prometheus Labs., Inc., 132 S. Ct. 1289 (2012)), and other cases relating to subject matter eligibility under 35 U.S.C. § 101 have resulted in significant changes in how the United States Patent and Trademark Office (“USPTO”) examines patent applications.
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News & Press

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187 Mintz attorneys have been recognized by Best Lawyers® in the 2025 edition of The Best Lawyers in America©. Notably, three Mintz attorneys received 2025 “Lawyer of the Year” awards, and 64 firm attorneys were included in the 2025 edition of Best Lawyers: Ones to Watch.

Press Release Thumbnail Mintz

Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.

Press Release Thumbnail Mintz

Best Lawyers® recognized 108 firm attorneys in the 2023 edition of The Best Lawyers in America©. Notably, two Mintz attorneys – Poonam Patidar and Scott M. Stanton – received 2023 “Lawyer of the Year” awards, and 28 firm attorneys were included in the inaugural edition of Best Lawyers: Ones to Watch.

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Events & Speaking

May
8
2025

Two Years of the Unified Patent Court: Trends, Outcomes, and Practical Insights

A Seminar at Mintz in Partnership with Bardehle Pagenberg and Thum & Partner

Mintz, 919 Third Ave New York, NY 10022

Speaker
Apr
23
2021

Masterclass: Patents 101

FORGE

Virtual Event

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Speaker
May
14
2018

USPTO Post-Grant Patent Trials 2018: Change & Recalibration

Practising Law Institute

PLI California Center 685 Market Street San Francisco, CA

Panelist
Aug
8
2016

Nuclear Innovation Bootcamp

University of California, Berkeley

Berkeley, California

Speaker
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Recognition & Awards

  • Best Lawyers in America: Patent Law (2021-2025)

  • Included on the San Diego Super Lawyers Rising Star: Intellectual Property list (2016)

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