Search
 
 

Practices

 

Search

FILTERS

  • Please search to find attorneys
Close Btn
Luke C. Holst

Luke C. Holst

Attorney

Inventors, entrepreneurs and companies face significant obstacles navigating the patent and trademark process. As a U.S. registered patent attorney and former Patent Examiner at the U.S. Patent and Trademark Office (USPTO), Luke has special training into the interpretation and application of intellectual property laws and regulations. This expertise helps his client’s achieve meaningful patent and trademark protection, both domestically and internationally.


Luke’s practice also includes intellectual property litigation with a focus on scientific claims and technical evidence. As a law clerk for the Honorable Mark W. Bennett, Luke acquired an inside view of the federal court system as he participated frequently in courtroom proceedings and honed his legal research and writing skills. With this background Luke excels in brief writing, where he has experience in all major aspects of intellectual property litigation. Past work at the U.S. Capitol further trained him to carefully analyze federal laws and appreciate their underlying basis for passage. In Congress, Luke served as Legislative Counsel to a U.S. Congressman from Iowa, aiding the Congressman with his assignment to the U.S. House of Representatives Committee on the Judiciary. This real-world experience at the USPTO, the U.S. District Courts, and at the U.S. Capitol provides Luke with a unique set of skills that helps his regional and national clients attain positive results in safeguarding their intellectual property rights.

As a member of the firm’s Intellectual Property and Litigation Practice Groups, Luke has extensive experience with U.S. utility and design patent preparation and prosecution, patentability, invalidity and freedom-to-operate opinions, including international patent practice under the Patent Cooperation Treaty (PCT) and Hague Agreement for industrial designs. Luke is also well versed in trademark preparation and prosecution in the U.S. and internationally under the Madrid System, and includes due diligence searches for trademark-ability and trademark infringement assessment. When his client’s intellectual property rights appear threatened or they receive a cease and desist letter, Luke investigates the merits of any infringement, works with the client to craft a cost-efficient response strategy, and if needed, defends his client’s intellectual property rights through litigation in federal court or in administrative trial proceedings before the USPTO.

Luke’s experience at McGrath North, and previously at an intellectual property boutique law firm, extends to a wide variety of technical areas including biomedical/medical devices, mechanical engineering, agriculture implements and processes, chemicals, modified air packaging systems, food production and processing, and life sciences where Luke’s biology degree provides valuable insight. Agriculture related clients particularly appreciate working with Luke on intellectual property matters because of his twenty-five years of experience as part owner-operator of a family farm in Northwest Iowa. 

Education
  • Creighton University School of Law (J.D., 2005)
  • Iowa State University (B.S., Biology, 2002)
Admissions
  • U.S. Patent and Trademark Office (2008)
  • State of Iowa (2005)
  • State of Nebraska (2008: Sustaining Member)
  • District of Columbia (2008)
  • U.S. District Court, Northern District of Iowa (2012)
  • U.S. District Court, Southern District of Iowa (2012)
  • U.S. District Court, District of Nebraska (2015)
08/30/2023

McGrath North Attorneys Awarded The Most Top Chambers Rankings in 2023

 


READ MORE
07/29/2022

McGrath North Great Plains Super Lawyers and Rising Stars

McGrath North is honored to announce that 20 of its lawyers have been recognized as Great Plains Super Lawyers and Rising Stars in the 2022 Super Lawyers Ranking list. These lawyers practice in the core specialty areas critical to serving the firm’s clients across the country and help fulfill our commitment to focus first and always on client success.  


READ MORE
3/27/23

IP Basics for Non-IP Practitioners

Last week, McGrath North’s Intellectual Property group hosted a CLE seminar titled “Intellectual Property Basics for Non-IP Practitioners" in Sioux City, IA. This educational event helped attendees gain a comprehensive understanding of IP rights.  


READ MORE
12/8/22

McGrath North Hosts Privacy & Data Protection Summit

On December 6, 2022, McGrath North held its Privacy & Data Protection Summit at the Scott Conference Center in Omaha, Nebraska. The over 100 attendees from almost 70 companies at the half-day event had the opportunity to hear speakers and panelists, including guest experts from the industry, share insights on key topics including:  


READ MORE

Publications

More Publications
01/09/2023

Patent Fees For Small And Micro Entities Reduced To Promote Inclusive Innovation

In an effort to provide better access to the U.S. patent system for small inventors, start-ups and those traditionally underrepresented, the Unleashing American Innovators Act of 2022, part of the Consolidated Appropriations Act, 2023, was recently signed into law on December 29, 2022 which lowers certain patent fees before the U.S. Patent and Trademark Office (“USPTO”). In particular, “small entities” will now receive a 60% discount on patent fees (up from 50%) and “micro entities” an 80% discount (up from 75%).  


READ MORE
01/09/2023

USPTO Proposes New Design Patent Bar To Encourage Diversity

On October 18, 2022, the USPTO solicited public comment on “whether the creation of a separate design patent practitioner bar would be beneficial to the public and the Office,” with an eye towards expanding opportunities for women and minorities. Currently there is a single patent bar examination to allow practitioners to file and prosecute both design and utility patents at the USPTO. To qualify to sit for the patent bar exam, practitioners must hold a technical degree in a science or technology field, such as in engineering, physics, chemistry or life sciences. While such educational requirements are often necessary for handling complicated claims and subject matter commonly associated with utility patents, advocates for change however argue that there should be different requirements for practitioners who prosecute only design patents.  


READ MORE
 
  • Nebraska State Bar Association
  • Nebraska State Bar Association, Intellectual Property Law Section Chair, 2021-2023; Vice-Chair 2018-2020
  • Omaha Bar Association
  • Iowa State Bar Association
  • Iowa State Bar Association Intellectual Property Law Section Council, 2014-2016
  • Woodbury County Bar Association
  • American Intellectual Property Law Association
  • American Bar Association
  • Young Professionals in Agriculture, Nebraska & Southwest Iowa Chapter, Membership & Programs Chair 2019-2020
  • Law Clerk to the Honorable Mark W. Bennett, U.S. District Court for the Northern District of Iowa.
  • Patent Examiner at the U.S. Patent and Trademark Office, Technology Center 3700: Medical Devices.
  • Two CALI Excellence for the Future Awards: Constitutional Law; Law & Medicine, Creighton University School of Law.
  • Graduate of the Omaha Chamber of Commerce Leadership Omaha Class 40
  • Listed: Chambers USA, America’s Leading Lawyers for Business (Nebraska, Intellectual Property – Band 2)
  • Listed: Great Plains Super Lawyers (Intellectual Property) 2022-2023