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Stephen McBride

Partner

Carmichael IP

Steve McBride is a partner at Carmichael IP.  Steve is an experienced patent attorney whose practice focuses on representing patent owners in all aspects of inter partes and post grant reviews at the PTAB and their appeals to the Federal Circuit. In addition to PTAB experience, Steve represents clients in front of the Patent and Trademark Office in reexaminations and is an experienced patent litigator who has successfully handled dozens of cases in U.S. district courts and the International Trade Commission. Steve’s practice specializes in patents involving technologies such as software, electronics, and telecommunications.

Steve is a registered patent attorney admitted to the New York and Virginia bars and has published frequently on a variety of patent-related topics. Before becoming a patent attorney, Steve was an electrical engineer in the telecommunications industry.

Recent Articles by Stephen McBride

The Case Law on Obviousness-Type Double Patenting: How We Got Here and a Proposal for Change (Part II)

In Part I of this two-part article, we reviewed the origins of the judicially-created doctrine of obviousness-type double patenting (ODP) and laid out the background on how the U.S. Court of Appeals for the Federal Circuit arrived at the 2023 In re Cellect decision. Here, we delve deeper into the case law and explain a simple fix for many present-day ODP problems.

The Case for Using Filing Dates Instead of Expiration Dates to Determine Obviousness-Type Double Patenting (Part I)

The judicially-created doctrine of obviousness-type double patenting (ODP) originated long ago as a shield to protect the public against unwarranted patent term extension (PTE). The Uruguay Round Agreements Act of 1994 (URAA) removed most of these concerns when it changed statutory term from 17 years from issue to 20 years from earliest effective filing date. By limiting patent families to a single 20-year term, the URAA eliminated the ability of patent owners to indefinitely extend the term of their invention by filing successive continuations claiming similar subject matter. After the URAA, all patents in a family are effectively limited to the 20-year term of the first-filed patent, plus an occasional modest term extension due to regulatory delays (PTE) or delays at the U.S. Patent and Trademark Office (USPTO) (Patent Term Adjustment (PTA)).

Past Events with Stephen McBride

PTAB Masters™ 2024

Held January 29-30, 2024

IPWatchdog LIVE 2023

September 17-19, 2023