Elena's practice includes many aspects of intellectual property prosecution and counseling, with a particular emphasis in patent-related matters. Her patent prosecution experience focuses on representing clients in all aspects of preparation and prosecution of U.S. and international patent applications in a number of diverse technology areas, including chemicals, pharmaceuticals, biotechnology, computer software, medical devices, telecommunications and mechanical arts. Elena also has experience with various aspects of post-issuance proceedings, including patent reexamination proceedings, both ex parte and inter partes, in the U.S. Patent and Trademark Office, and inter partes review proceedings instituted under the new patent laws. Furthermore, her practice includes patent infringement and validity analysis, patentability studies, intellectual property licensing and confidentiality agreements. Elena also teaches patent prosecution as an adjunct professor at the University of Missouri – Kansas City School of Law.
Before joining Shook, she clerked for the University of Kansas Medical Center’s Research Institute in the Technology Transfer Office, performing prior art searches for new technologies and drafting various contracts such as material transfer agreements, confidentiality disclosure agreements and technology license agreements. Her previous experience also includes drafting patent applications and preparing various memorandums of law regarding trademark and copyright litigation. Before entering law school, Elena worked as a chemical engineer for Black & Veatch, where she was involved in the design and construction of various projects, including power plants and water treatment facilities. Elena also drafted detailed contractual specifications, which resulted in the procurement of chemical and water treatment equipment.
Elena K. McFarland, Robert Reckers, Melissa Marrero and Colman McCarthy, Exhausted!: The Supreme Court Weakens Patent Owners’ Rights to Enforce Post-Sale Restrictions on Patented Products, Shook IpQ, Aug. 2017.
John D. Garretson and Elena K. McFarland, It’s (Not) Only Natural, Corporate Counsel, June 2012.
Elena K. McFarland, The Keys to Copyright: How to Protect Your Own Works and Respect the Intellectual Property of Others, KC Small Business Magazine, Jan. 2011.
Elena K. McFarland, Rakesh H. Mehta, and Chen Wang, Survey of Trade Secret Enforcement in China: A U.S. Practitioner’s Perspective, AIPLA, May 2011.