David Postolski, Esq.

David Postolski, a partner at Gearhart Law, is a registered patent attorney and Intellectual Property attorney. With over 17 years’ experience, David specializes in assisting inventors, creators, artists, start-ups, entrepreneurs, early stage companies and emerging companies with their U.S and International intellectual property strategy, protection, enforcement and monetization. David is a frequent speaker and author on intellectual property issues surrounding emerging technologies (cannabis, crypto currency, 3d printing, gig economy), raising capital, business formation, licensing, and reward and equity based crowd funding. David is also a Professor at Temple University and Parsons School of Design where he teaches master level students about IP, ethics and other regulatory considerations in starting business ventures and products around design. David is the current Continuing Legal Education (CLE) Officer of the American Bar Association Section of Intellectual Property Law. He is the founder of their International Action Group and editor of their monthly newsletter. David remains very involved in the creation of New York State’s first federally approved patent pro bono program in conjunction with Volunteer Lawyers for the Arts.

Experience:

David’s practice includes prosecuting patent and trademark applications both domestically and internationally. His patent practice encompasses various technological and scientific areas, including software and app development, financial transactions, gaming, life sciences and medical, mechanical and electrical devices, and business methods, as well as patents related to chemistry. He has experience managing patent and trademark portfolios and advising clients on prosecution strategies, as well as drafting replies to office actions and appeals briefs, and conducting interviews with examiners. In addition, David prepares instructions to foreign associates regarding prosecution in various countries and evaluates IP portfolios for potential licensing value, technical merit and patentability/validity. David also has experience in copyright, trade secret protection and corporate transactional matters including the drafting and negotiating of end user licenses, master service and terms of services agreements, security agreements, coexistence agreements, and non-disclosure agreements.

David’s life sciences industry experience includes counseling, drafting and prosecuting U.S. and Foreign patent applications in the fields of chemistry, biochemistry, physics and chemical engineering. He has prosecuted applications with subject matter including but not limited to thermodynamics, thermometry, paramagnetism, hyperpolarization, carbon dioxide emissions and effects, medical devices, a variety of healthcare products and pharmaceuticals. His experience also extends to the corresponding branding, trademark, business and corporate side of intellectual property, including drafting and negotiating licenses, product development, manufacturing and launch, FDA processes, ANDA procedures and consumer product safety commission processes.

In Association With:

Videos:

Upcoming Presentations

• October 21, 2020, Presenter, Hudson County Economic Development Corp, Intellectual Property Basics for Small Businesses & Startups, NJ, See link for more information https://ucedc.com/
• October 28, 2020, Presenter, Rutgers School of Graduate Studies, IP Issues in the Biomedical Field
• November 4, 2020, Presenter, Rising Tide Capital, Registering Your Business, NJ, See link for more information: https://www.risingtidecapital.org/
• November 19, 2020, Presenter, Inventors Association of Manhattan See link for more information: https://www.meetup.com/manhattan-inventors/
• January 28, 2021; AltLegal Webinar, Presenter, “Who You Calling Generic?: Responding to Generic and Descriptive Office Actions.” For registration please visit: https://blog.altlegal.com/altlegal-events

News & Presentations

• Rising Tide Capital,  Presenter, Intellectual Property Workshop, Newark, NJ September 10, 2020
• Inventing and Doing Business in Cannabis in the U.S- All you need to know!, August 26, 2020; See link for more information: https://www.meetup.com/Israel-Global-Business-Strategies-IP-Meetup/events/269033213/
• June 10, 2020- Presenter- To Trade Secret or Not to Trade Secret- that is THE Question webinar, Celesq
• May 25, 2020- Presenter- Cannabis Acceleration and Patent Strategy, BLOOM of the IDC, Israel
• May 19, 2020- Presenter- Up to Date COVID-19 Small Business Relief Program, ACES Conference
• May 18, 2020- Presenter- Ask the Expert, Shadow Ventures
• May 13, 2020- Presenter- VIRTUAL GLOBAL IP LAW SYMPOSIUM, Gearhart Law
• May 13, 2020- Presenter- Protection of Innovation in time of COVID-19 and other world disasters Webinar, Celesq
• April 1-3, 2020 ABA IP Section Annual Meeting, Presenter, IP Issues in Food, Washington DC
• March 12, 2020, Presenter, Patent and Trademark Issues in the Food Industry, Webinar, Celesq
• February 12-14, 2020 ABA IPL Midyear Meeting- Austin Texas
• February 12-13, 2020 USA CBD Expo- Las Vegas, Presenter, The Patentability of CBD and Cannabis
• January 31, 2020- NJ State Bar, Presenter, IP in Business and Contracts, New Jersey
• December 12, 2019, Presenter, The Nuts and Bolts of Filing a UDRP to Obtain a Domain Name for a Corresponding TM, Webinar, Celesq
• November 5-9, 2019- Presenter, Emerging technologies and its affect on IP. World IP forum Taipei Taiwan
• October 16, 2019, Moderator, IP protection in Cannabis- How to make it happen around the world, Webinar, Celesq.
• September 15-19, AIPPI World Congress, London England
• October 1-4, ABA IP West, San Antonio Texas
• August 8-9, ABA Annual Meeting IP section, San Francisco, CA
• August 3, 2019, Moderator, CBD in Branding and Marketing, USA CBD Expo, Miami, FL
• July 24, 2019, Presenter, Strategies for a Successful Crowdfunding/Crowdfinancing Campaign, Google Campus, Tel Aviv Israel, Register here: http://meetu.ps/e/GWjJb/bHDxv/a
• June 24, 2019, Moderator, The Do’s and Don’ts of Branding, Shenkar College, Ramat Gan Israel
• June 12, 2019, Presenter, The Importance of IP In Crowdfunding Webinar, Celesq
• May 23, 2019- Host, Meet the Technology Investors, Israel global business and IP strategies meetup. Ramat Gan, Israel Register here: http://meetu.ps/e/GnHLY/bHDxv/a
• May 20, 2019, Presenter, The Importance of IP in Crowdfunding, Webinar, Clear Law Institute
• May 19, 2019- Presenter, IP 101 workshop, Temple university, PA
• April 10-12, 2019. ABA IPL annual meeting, Crystal City, Virginia. Moderator- Beyond the high- a global view on brand considerations in cannabis.
• April 2, 2019- Moderator,  Be Your Own Incubator, Launching a Medical Device, ABA IP Law Section Webinar
• March 21, 2019-Host, The do’s and don’ts of branding/trademark. Israel global business and IP strategies meetup. Ramat Gan Israel Register here: http://meetu.ps/e/Gf2pb/bHDxv/a
• March 15, 2019- Presenter, IP and Food, Food X, New York
• March 8, 2019- Presenter, Not for Profit and IP Law, NJ City University
• February 14, 2019- Host, To patent or not to patent! That is the question. Israel global business and IP strategies meetup. Ramat Gan Israel Register here: http://meetu.ps/e/Gf2l3/bHDxv/a
• Feb 8, 2019, Presenter, IP 101. International Culinary Center, NY
• January 29- Moderator, Israel Tech- 10 years of start up nation. Fairleogh dickinson university, NJ, Morris tech meetup
• January 3, 2019- Presenter, Corporate business and IP strategies in cannabis. Israel global business and IP strategies meetup.  Ramat Gan Israel
• Presenter: December 20, 2018 – Corporate, Business and IP Strategies in Cannabis. Shenkar College Keter Center for Innovation, Ramat Gan Israel. Register here: http://meetu.ps/e/FLdP2/bHDxv/a
• Presenter: November 29, 2018 – Trade Secrets – How to capitalize on your assets. Shenkar College Keter Center for Innovation, Ramat Gan Israel. Register here: http://meetu.ps/e/FLdMS/bHDxv/a
• Presenter: November 17-22, 2018 – Patentability of Biological Materials, Isolated or Derived from Living Organisms – a US and Canadian Perspective. Asian Patent Attorney’s Association, New Delhi, India
• Presenter, Penn Law School, Day in the Life of a Patent Attorney, Philadelphia PA, November 7, 2018
• Presenter, Temple University Fox School of Business, IP 101, Philadelphia PA, November 4, 2018
• Sponsor: October 25, 2018 – The Secrets to Successful Presentations and Public Speaking. Shenkar College, Ramat Gan Israel.
• Sponsor: October 14 and 16, 2018 – International Womens Entrepreneurship Week. Shenkar College, Ramat Gan Israel.
• Lecturer: October 10, 2018 – Intellectual Property in Drug Discovery. Rutgers Biomedical and Health Studies Graduate School, Newark NJ
• Presenter, Food X Accelerator, IP 101, New York, October 10, 2018
• Presenter: September 20-21, 2018 – Creating your First Entrepreneurial Law Course. European Conference on Innovation and Entrepreneurship, Aveiro Portugal
• Presenter: September 6, 2018 – US Patent Law. Tel Aviv Bar Association, Tel Aviv Israel
• Presenter: August 8, 2018 – The Start Up Legal Journey.  Google Campus Tel Aviv, IL
• Presenter: June 19, 2018 – IP 101 in the medical industry. Thomas Jefferson University, Philadelphia PA
• Presenter: June 17, 2018 – Tedx Shenkar University, Speaker. Tel Aviv, Israel. Watch the video here.
• Presenter: June 10, 2018 – Afeka College, Regulations and Ethics, Tel Aviv, Israel
• Presenter: May 24, 2018 – International Culinary Center, Intellectual Property in the Food Industry, New York City, NY
• Presenter: May 21, 2018 – Temple University Executive MBA program, Intellectual Property Workshop. Philadelphia, PA
• Presenter: May 13, 2018 – Beit Issie Shapiro. IP and 3d printing Jerusalem Israel
• Presenter: May 1, 2018 – AIPPI-US and Israel Bi Annual Meeting- 2017 Patent Prosecution – The year in review. Tel Aviv Israel
• Presenter: April 24, 2018 – AIPLA design boot camp. Medical Devices and Designs, Washington DC
• Presenter: April 20. 2018 – The Dark Web– Enter at Your Own Risk, ABA IP Law Spring Annual Meeting, Virginia
• Presenter: April 19. 2018 – Regulatory and Ethical Contexts- IP and Emerging Technologies, ABA IP Law Spring Annual Meeting, Virginia
• Presenter: March 19-21 CannaTech-Tel Aviv, IP and Cannabis – everything you need to know. Tel Aviv, Israel
• Presenter: February 20, 2018 – Trump One Year Later: Effect on IP and Business, Webinar for the Clear Law Institute
• Presenter: February 6-7, 2018 – IP and Legal Workshop, Montclair State University, NJ
• Presenter: January 8, 2018 – 3D Printing and IP Presentation, Beit Issie Shapiro Research Hospital, Israel
• Presenter: December 6, 2017 – Trademark and Domain Names, Beit Issie Shapiro Research Hospital, Israel
• Presenter: October 25, 2017 – Cannabis and IP, CannaTech Conference, October 25, London England
• Presenter: October 13-17, 2017 – IPPI- Australia
• Presenter: October 10-12, 2017 – ABA IPL Fall Seminar LA
• Presenter: August 29, 2017 – Intellectual Property in Innovation, ABA center for Innovation, Chicago IL
• Presenter: August 24, 2017 – How Trump Will Affect IP Rights of Incoming US IP Applications and Tips and Strategies for Prosecuting US Patent and TM Applications, ABIPI- Latin American IP Bar Association, Rio De Janeiro Brazil.
• Presenter: August 21-23 – US Perspectives on 3D Trademarks, APBI Brazilian IP Attorney Association, Brazil.
  Some info on them: Founded in 1963, ABPI now is considered a very active IP association with reach throughout Brazil and with strong business and corporate membership. We have presently 700 members. Our corporate committee has around 100 large Brazilian corporations with interest in IP matters.
• Presenter: August 10-12, 2017 – ABA IPL annual meeting NYC
• Presenter: July 12, 2017 – IP issues in Med Tech, JSL Accelerator, Brooklyn NY
• Presenter: June 22, 2017 – Responsible Innovation, Global MindED Conference, Denver, CO
• Panelist: June 15, 2017 – Unlocking the Secrets to Sales- Tips to Close More Business, Basking Ridge, NJ
• Presenter: June 8, 2017 – Cyber Security, Kean University
• Presenter: June 6, 2017 – Trumps 1st 100 Days, ABA IPL

Published Works

• Innovation in Legal Education: The Entrepreneurial Law Course, Juriste International, Issue 2020.2 Read PDF
• IP and Crowdfunding: Information your clients need to Know, Juriste Magazine, June 2019
• Publication: “IP Strategies for Medical Device Technologies: Be Your Own Incubator”, Section of Intellectual Property Law, ABA Book Publishing, 2018. Buy here: https://www.americanbar.org/products/inv/book/343809433/
• Publication: “IP and Business Issues in a Reward-based and Crowdfinance Industry. A US Perspective”, Current Trends in Start-ups & Crowdfinancing
• Intellectual Property in the Food Industry, Financier magazine, https://www.financierworldwide.com/intellectual-property-in-the-food-industry

Podcasts

• Protecting your Value with Ilanit Appelfeld of Appelfeld & Co., Cannabis Acceleration and Patent Strategy:
  • https://ipfeld.com/2019/11/14/episode-2-on-creativity-and-innovation/
  • Spotify: https://open.spotify.com/episode/3rXesXOPK9ko8AyKhZmGS1
• How Cannabis Innovators Avert Poachers & IP Pitfalls, The Cannabis Reporter. : https://www.thecannabisreporter.com/cannabis-intellectual-property-patents-david-postolski-gearhart-law-group/
• The Mentors, When to seek Legal Help for your Startup: https://shows.acast.com/the-mentors/episodes/when-to-seek-legal-help-for-your-startup-with-david-postolsk
• Kathy Caprino, Finding Brave Podcast, What Entrepreneurs Need to Understand To Protect Their Intellectual Property: Finding Brave Episode 80: What Entrepreneurs Need to Understand to Protect Their Intellectual Property
• Ilanit Appelfeld Podcast, Cannabis Acceleration and Patent Strategy: https://open.spotify.com/show/1ePIk3h2fhLOePeNUfO6LT

Licenses

• U.S. Patent and Trademark Office Attorney
• New York State Attorney

Education

• Oregon State University, BS Chemistry, 2007
• Nova Southeastern University, JD, 2001
• New York University, BA International Politics, 1995