Hon. Frederick E. McKelvey
Biography
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”
Reminiscences (2020)
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
The 2024 Writing Competition is now closed.
Winners will be announced here in due course. Thank you to all the entrants.
Previous Winners
2023
First Place: Ms. Ying Wang, University of Akron School of Law
Second Place: Ms. Nina Elder, University of Minnesota Law School
2022
No winners.
2021
First Place: Ms. Brooke Purinton, Georgetown University Law Center
Second Place: Ms. Grace Winschel, University of California, Berkeley Law School
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