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Kenneth J.
Burchfiel
Partner
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Mr. Burchfiel specializes in the chemical arts and was the first American patent lawyer admitted to practice in Japan under the reciprocal foreign law practice statute. His practice includes litigation before the federal courts, interferences and appeals.
Bars
District of Columbia
U.S. Court of Appeals - Third, Fourth, Fifth, Sixth, Seventh, Ninth, Tenth, Eleventh, District of Columbia, Federal Circuits
U.S. District Court - District of Columbia
U.S. Patent and Trademark Office
Education
Max-Planck-Institut fuer auslaendisches und internationales Patent-Urheber-und Wettbewerbsrecht, Germany ; - Visiting Scholar (1992); Fellow (1986-87))
Max-Planck-Gesellschaft fuer internationales und auslaendisches Strafrecht, Germany ; - Fellow (1979))
Cornell University (J.D. 1977)
Amherst College (A.B. cum laude 1973)
Expertise
Mr. Burchfiel's expertise in the chemical arts, focuses on biotechnology and general organic chemistry. He also testifies as an expert witness on patent law and U.S. PTO practice and procedure.
Publications and Teaching
Merck BGaA v. Integra: More Answers Than Questions?
Biotechnology And The Federal Circuit
U.S. GATT Legislation Changes Patent Term
Patent Law Relating To Genetic Engineering: It Really Is A Brave New World
"Biotechnology and the Federal Circuit," Bureau of National Affairs (2003) (treatise)
"Biotechnology and the Federal Circuit," Bureau of National Affairs (1995) (treatise)
CLE Coursebook - "Patent Practice After GATT," co-author (1995); "Japanese Patent Prosecution, Licensing, and Litigation," co-author (1994)
"Patent Misuse and Antitrust Reform: Blessed be the Tie," 4 Harvard J.L. & Technology 1-108 (1991); awarded Gerald Rose Memorial Prize, 1991 (best paper on intellectual property law)
"Revising the 'Original' Patent Clause: Pseudohistory in Constitutional Construction," 2 Harvard J.L. & Technology 155-218 (1989), republished in 1991, Intellectual Property Law Review 3
"The Constitutional Intellectual Property Power: Progress of Useful Arts and the Legal Protection of Semiconductor Technology," 28 Santa Clara Law Review 473-541 (1988)
Speeches
Lecturer on patent law issues for bar groups, corporate associations and symposia
Taught continuing legal education courses for patent attorneys on developments in patent law and procedure