Diane Dunn McKay


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Ms. McKay's practice involves U.S. and foreign patent prosecution, licensing and litigation related to computer software and hardware, e-commerce, Internet applications, and mechanical and chemical process inventions. She also provides counseling concerning the protection of software-related intellectual property and software rights, and the drafting of software-related agreements.

Diane has a broad background in both engineering and computer products. Her analytical and legal skills aids start-ups in emerging technologies as well as established U.S. and International businesses navigate intellectual property protection, including the protection of designs. Her clients include a variety of industries related to consumer products, medical devices, computer-related technologies and nano-technology.

Diane is also a frequent lecturer at the Annual Joint Patent Practice Seminar cosponsored by the Connecticut, New Jersey, New York, and Philadelphia Intellectual Property Law Associations. There she speaks on developments in U.S. and international patent laws.

Prior to becoming a lawyer, she was employed as a systems engineer with Bell Communications Research.


  • American Intellectual Property Law Association
  • ABA Section of Intellectual Property Law (ABA-IPL) Council Member - 2020 to Present; Professional Issues Division - Chair 2017 - 2019; Vice Chair 2016 - 2017; member of the Membership Board
  • Computer Law Association
  • Executive Women of NJ
  • New Jersey Intellectual Property Law Association - past President
  • New Jersey Women Lawyers Association
  • Monmouth County Bar Association, Data Privacy & Cybersecurity Committee

Speaking Engagements

  • "Immunex Corp v. Sandoz Inc. - Standard Used for Determining Common Ownership when Applying Obviousness - Type Double Patenting," Joint Patent Practice 2021 Webinar Series, 6/08/2021
  • "Information Security 2021: Real Threats & Practical Preparedness," Data Privacy & Cybersecurity Committee Webinar, Monmouth Bar Association, 3/04/2021
  • "Ethics In IP," JPP 2020 Webinar Series, 5/18/2020
  • "Recent Cases Determining Design Patent Scope," In Re: RON MAATITA 2017-2037; Advantek Marketing, Inc. v. Shanghi Walk-Long Tools Co., 35th Annual Joint Patent Practice (JPP) Seminar, 5/02/2019
  • "Hot Topics in Patent Litigation: European Case Law Update: Assessing Inventive Step of Dosage Regimens," 34th Annual Joint Patent Practice Seminar, 5/02/2018
  • "Diligence Requirements for Swearing Behind a Reference: Perfect Surgical Techniques v. Olympus America (Fed. Cir. 2016)," 33rd Annual Joint Patent Practice Seminar, 4/27/2017
  • "Managing Strategic Partnerships/Joint Ventures," Business Owners Symposium Series, 4/07/2017
  • "Keeping Quiet - Intellectual Property and Practical Applications," Business Owners Symposium Series, 2/10/2017
  • "Social Media Legal Issues for Owners - Take off Your Marketing Hat and Put on Your Owner Hat," Business Owners Symposium Series, 6/17/2016
  • "Intellectual Property Basics For Business Owners - Master Your Finances," Rider University podcast, 4/24/2016