The American Association of Patent Judges

THE HONORABLE FREDERICK E. McKELVEY MEMORIAL SCHOLARSHIP

Hon. Frederick E. McKelvey

Frederick (“Fred”) E. McKelvey was born in Akron, Ohio on July 24, 1939. He lived in Ohio, California, and Mexico.

He graduated from Carnegie Institute of Technology in Pittsburgh, Pennsylvania (now Carnegie-Mellon University)  in 1961. After graduation, he worked as a chemical engineer with Mobay Chemical Company in Pittsburgh and Union Oil Company of California in Wilmington, California.

He started his career in the U.S. Patent and Trademark Office (USPTO) as an examiner in 1964, examining patent applications in the polymer chemistry art.

While working as an examiner, he attended law school at night, graduating from the Washington College of Law, American University, in 1968. He was a member of the Virginia, Maryland, and DC bars.

He left the USPTO in 1968 and joined E.I. duPont de Nemours, Inc. as a patent attorney, returning to the USPTO in 1969 as an examiner.

In 1970, Fred served in the Office of the Solicitor of the USPTO. In 1975, he served on the Board of Patent Interferences, returning to the Office of the Solicitor in 1976.

In 1983, he was appointed an Examiner-in-Chief on the Board of Appeals.

During this time, he drafted and coordinated the USPTO’s revision of its patent interference and attorney discipline rules.

In 1985, Judge McKelvey was appointed Deputy Solicitor. Then, in February 1988, he was appointed Solicitor. He oversaw all patent and trademark litigation in which the Commissioner was a named defendant and personally handled over 300 appeals before the Court of Customs and Patent Appeals (CCPA), and the Courts of Appeals for the Federal, Fourth and District of Columbia Circuits and over 100 civil actions in which the Commissioner was a named defendant.

Judge McKelvey received the Gold Medal of the Department of Commerce in 1987.

In 1994, Judge McKelvey was appointed Chief Administrative Patent Judge of the Board of Patent Appeals and Interferences.

In 1999, he assumed the position of Senior Judge, remaining in that position until he died in office on April 3, 2016.

His funeral was held on April 10, 2016 at Calvary Chapel of Manassas, Virginia.

Publications:

McKelvey, Fred E., “A Case Ilustrating the Use of 35 U.S.C. 26,” Journal of the Patent Office Society, Vol. 58, Issue 1 (January 1976), pp. 54-59.

McKelvey, Fred E., “Discovery Before the Board of Patent Interferences,” Journal of the Patent Office, Vol. 58, Issue 3 (March 1976), pp. 186-202.

McKelvey, Fred E., “Attorney Disqualification Cases in the PTO,” Journal of the Patenty Office Society, Vol. 62, Issue 10 (October 1980), pp. 625-643.

McKelvey, Fred E., “Effective Presentation of Evidence in Ex Parte Proceedings Before the Patent and Trademark Office,” Journal of the Patent Office Society, Vol. 65, Issue 3 (March 1983), pp. 153-165.

Presentations:

International Intellectual Property Practice Series, Third Annual Seminar, Protecting Industrial Property in Mexico/Central America, September 20-21, 1996; Franklin Pierce  Law Center:

Fred E. McKelvey, “Mexican Industrial Property Law – A U.S. Perspective”

Fred E. McKelvey, “Practical Tips for U.S. Practitioners on Prosecuting Applications Before IMPI and Other Central American IP Offices”

On Saturday, November 7, 2020, family, friends, and colleagues gathered by video. They shared some of their experiences with Fred, and a deep and lasting appreciation for such a remarkable man.

passcode is *L=75U&9

Speakers

Peggy Taylor (daughter)
Scott Boalick, Chief Judge, PTAB
Judges and Former Judges, PTAB:

Lee Barrett
Jim Carmichael
Murriel Crawford
Ken Hairston
Jay Moore
Rick Schafer
Rick Torczon

Writing Competition

2022-2023 Writing Competition (Closed)

The American Association of Patent Judges (AAPJ) thanks all candidates who submitted essays concerning a subject relating to U.S. patent law per the announcement (see below). The competition is now closed. We are in the process of evaluating the essays. Decisions as to the winning essay(s) and award(s) will be posted here in due course. Thank you again.

The American Association of Patent Judges (AAPJ) (see www.AAPJ.us) [invited] entries for the 2023 Hon. Frederick E. McKelvey Writing Competition. Candidates shall submit essays concerning any subject relating to U.S. patent law. The essays must be original works of scholarship, but candidates are welcome to submit essays prepared initially in the context of course work or other academic activities.

The first-place essay will be published in the Journal of the Patent and Trademark Office Society (JPTOS) (subject to editorial discretion and review, as explained below) and the author will receive an award and $1,000. The author of the runner-up essay will receive an award and $500.

All decisions as to the winning essay(s) and award(s) are made by AAPJ. JPTOS has no involvement in the selection of the winning essays and/or awards, and has no responsibility for those decisions.

In terms of suitability for publication in JPTOS, the winning essay must be, in the sole discretion of JPTOS, substantially not duplicative of recent or upcoming articles, as well as fit within JPTOS’s normal subject matter areas of publication. Further, the winning essay must comply with JPTOS’s publication quality standards including, but not limited to, being an original work. Terms and conditions of JPTOS’s article publication can be found at www.jptos.org.

The McKelvey Competition is open to any student pursuing study in law, policy, management, or any related field, that impacts technology. In order to be eligible, candidates must be enrolled in a graduate degree program for at least one term during the 2022-23 academic year.

Candidates shall submit essays for consideration on or before Friday, June 30, 2023, by email to email@AAPJ.us (include “McKelvey Writing Competition” in the subject line). Essays should be .pdf files and comply with the formal requirements of submissions to the Journal of the Patent and Trademark Office Society (https://www.jptos.org/submissions.html). Submissions must include the candidate’s name, address, telephone number, academic institution, and expected graduation date and degree.

The AAPJ administers this competition in honor of Frederick E. McKelvey, whose five-decade career at the United States Patent and Trademark Office was marked with a dedication to teaching, mentoring, and promoting a sense of collegiality.

Any questions regarding the McKelvey Competition may be directed to the AAPJ at rjsilverman@gmail.com.

N.B. All decisions as to the winning essays and awards are made by AAPJ, including any decision not to award prizes.

No winners.

First Place: Ms. Brooke Purinton, Georgetown Law

Second Place: Ms. Grace Winschel, Berkeley Law

THE AAPJ

THE BOARD

IN MEMORIAM

Hon. John Paul Pinkerton

Administrative Patent Judge
Patent Trial and Appeal Board
U.S. Patent and Trademark Office

Source: Sand Springs Leader

Hon. Stephen Julien Emery
Examiner-In-Chief
Administrative Patent Judge
Board of Patent Appeals and Interferences, U.S. Patent and Trademark Office

Source: Washington Post

Hon. Norman G. Torchin
Examiner-In-Chief
Board of Patent Appeals and Interferences, U.S. Patent and Trademark Office

Source: Washington Post

Hon. John Thomas Goolkasian
Examiner-In-Chief
Administrative Patent Judge
Board of Patent Appeals and Interferences, U.S. Patent and Trademark Office

Source: Washington Post

Hon. Alton Douglas Rollins
Examiner-In-Chief
Administrative Patent Judge
Board of Patent Appeals and Interferences, U.S. Patent and Trademark Office

Source: Rest Haven Funeral Home

Hon. Lawrence “Larry” John Staab
Administrative Patent Judge
Board of Patent Appeals and Interferences, U.S. Patent and Trademark Office

Source: Miller Funeral Home

 

Hon. Natalie Trousof
Acting Examiner-in-Chief
Board of Appeals, U.S. Patent Office

Source: Chapman, Cole & Gleason Funeral Home

Hon. Gordon K. Milestone
Examiner-in-Chief
Board of Patent Appeals and Interferences, U.S. Patent and Trademark Office

Source: Hines-Rinaldi Funeral Home

Hon. Donald D. Forrer
Examiner-in-Chief
Board of Patent Appeals and Interferences, U.S. Patent and Trademark Office

Source: Beall Funeral Home

Hon. Melanie L. McCollum
Administrative Patent Judge
Patent Trial and Appeal Board, U.S. Patent and Trademark Office

Source: Capital Gazette

Hon. Irving Pellman
Administrative Patent Judge
Board of Patent Appeals and Interferences, U.S. Patent and Trademark Office

Source: Washington Post

Hon. James R. Boler
Examiner-in-Chief
Board of Patent Appeals and Interferences, U.S. Patent and Trademark Office

Source: Washington Post

Hon. Frederick E. McKelvey
Senior Administrative Patent Judge
Patent Trial and Appeal Board, U.S. Patent and Trademark Office

Source: Fauquier Now
Memorial Service

Hon. James D. Thomas
Examiner-In-Chief
Administrative Patent Judge
Board of Patent Appeals and Interferences, U.S. Patent and Trademark Office

Source: Pumphrey Funeral Homes

Hon. Samuel Hermann Blech
Examiner-In-Chief
Board of Patent Appeals and Interferences, U.S. Patent and Trademark Office

Source: findagrave.com

Hon. Douglas W. Robinson
Administrative Patent Judge
Board of Patent Appeals and Interferences, U.S. Patent and Trademark Office

Hon. Stanley M. Urynowicz, Jr.
Administrative Patent Judge
Board of Patent Appeals and Interferences, U.S. Patent and Trademark Office

Source: Washington Post

Hon. Paul Joseph Henon, Jr.
Examiner-in-Chief
Board of Patent Appeals and Interferences, U.S. Patent and Trademark Office

Source: Legacy.com

Hon. Harrison E. McCandlish
Administrative Patent Judge
Board of Patent Appeals and Interferences, U.S. Patent and Trademark Office

Source: The Washington Times

Hon. John Francis Gonzales
Administrative Patent Judge
Board of Patent Appeals and Interferences, U.S. Patent and Trademark Office

Source: Times-Picayune

Hon. Evelyn K. Merker
Examiner-in-Chief
Board of Patent Appeals and Interferences, U.S. Patent and Trademark Office

Source: Legacy

Hon. A Donald Messenheimer
Examiner-in-Chief
Board of Patent Appeals and Interferences, U.S. Patent and Trademark Office

Source: findagrave.com

Hon. Jerry Smith
Administrative Patent Judge
Board of Patent Appeals and Interferences, U.S. Patent and Trademark Office

Source: Washington Post 

Hon. Elizabeth C. Weimar
Administrative Patent Judge
Board of Patent Appeals and Interferences, U.S. Patent and Trademark Office

Sources: American University Law Review | findagrave.com | Washington Post