Daniel A. Gajewski is a director in Sterne Kessler’s Mechanical & Design Practice Group and a co-chair of the Patent Prosecution Practice. He has over 10 years of experience helping clients achieve strategic utility and design patent protection and navigate the IP landscape for their products. Dan is currently Vice Chair of the Intellectual Property Owners Association Industrial Design committee.

The appearance—or industrial design—of a new product can be just as valuable as its utility, particularly in keeping knock-off products off the market. Dan specializes in developing a full product-based patent protection strategy. This means working with inventors to zero in on a new product’s innovative features, whether they be structural, aesthetic, or both. Based on this, Dan prepares design and utility patent application strategies that intermesh, working to ensure that neither application is drafted or prosecuted in a way that limits the other.

Dan’s clients find his expertise in foreign design application prosecution particularly helpful. Since international design laws are much less harmonized than their utility counterparts, developing and executing an international design application strategy is uniquely challenging. He is well-versed in the design idiosyncrasies of the most high-value foreign jurisdictions, and works closely with local counsel in any country in which his clients seek design protection.

Dan’s post-grant work with issued patents also spans both design and utility patents. He has experience challenging the validity of issued patents on behalf of his clients to protect their freedom to operate, as well as defending the patents of his clients when challenged by others.

Dan specializes in protecting mechanical technologies and product designs. His work spans a variety of technologies, with particular focus on consumer products, packaging, and retail.

Dan earned his J.D., with honors, from The George Washington University Law School and his B.S. in mechanical engineering, summa cum laude, from the State University of New York at Buffalo.

  • J.D., The George Washington University Law School, With Honors
  • B.S., Mechanical Engineering, State University of New York at Buffalo, summa cum laude

  • District of Columbia
  • New York
  • United States Patent & Trademark Office

  • Vice Chair, Intellectual Property Owners Association Industrial Design Committee

Speaking Engagement

2024 IPO Annual Meeting

Chicago, IL, Hyatt Regency, September 23, 2024

Webinar

2023 Design Patents Year in Review: Analysis and Trends

Virtual, January 30, 2024 1:00 PM - 2:00 PM EST

Speaking Engagement

Everything You Always Wanted to Know About Design Patents But Were Afraid to Ask (2023)

Salt Lake City, UT, Alta Club & Virtual, March 23, 2023 2:00 PM - 3:00 PM EST

Webinar

2022 Design Patents Year in Review: Analysis and Trends – Webinar

Virtual, February 15, 2023 1:00 PM - 2:00 PM EST

Speaking Engagement

Design Law 2022

Washington, DC, October 26, 2022 9:00 AM - 4:00 PM EST

Webinar

Everything You Always Wanted to Know About Design Patents But Were Afraid to Ask (2022)

Virtual, September 28, 2022 1:00 PM - 2:00 PM EST

Webinar

2021 Design Patents Year in Review Webinar

Virtual, March 1, 2022 1:00 PM - 2:00 PM EST

Webinar

Functionality in Design Patent Prosecution and Litigation

Virtual, February 22, 2022 1:00 PM - 2:30 PM EST

Webinar

Obtaining Effective Design Patents

October 22, 2020 12:00 PM - 1:00 PM EST

Speaking Engagement

2018 USPTO Design Day

Alexandria, VA, United States Patent and Trademark Office, April 25, 2018

Speaking Engagement

Design Rights Boot Camp

Arlington, VA, AIPLA: Past Presidents' Conference Center, April 23, 2018

Related News & Insights

From Daniel A. Gajewski

Client Alert

December 12, 2024

IP Hot Topic: USPTO Establishes New Fees for More Than Fifty Cumulative IDS References

Carson S. Smith, Daniel A. Gajewski

Client Alert

December 5, 2024

IP Hot Topic: USPTO Establishes New Surcharge for Late-Stage Continuation Applications

Carson S. Smith, Daniel A. Gajewski

Articles

August 2, 2024

Early District Court Litigation Following LKQ: Not a New Standard After All?

Sterne, Kessler, Goldstein & Fox Daniel A. Gajewski

Firm News

June 4, 2024

Sterne Kessler Adds Trio to Co-Chair of Patent Prosecution Practice

Sterne, Kessler, Goldstein & Fox

Articles

May 29, 2024

Fed. Circ. Scrapping Design Patent Tests Creates Uncertainty

Law360 Multiple Authors

Articles

January 31, 2024

Global Design Law and Policy: Gains and Setbacks in Protecting Digital and Virtual Designs

Sterne, Kessler, Goldstein & Fox Daniel A. Gajewski

Reports

January 31, 2024

2023 Design Patents Year in Review: Analysis & Trends

Sterne, Kessler, Goldstein & Fox Multiple Authors

Firm News

January 31, 2024

Sterne Kessler Publishes 2023 Design Patents Year in Review: Analysis & Trends Report

Sterne, Kessler, Goldstein & Fox

Firm News

February 17, 2023

Sterne Kessler Publishes 2022 Design Patents Year in Review: Analysis and Trends Report

Sterne, Kessler, Goldstein & Fox

Reports

February 17, 2023

2022 Design Patents Year in Review: Analysis and Trends

Sterne, Kessler, Goldstein & Fox Multiple Authors

Publication

February 17, 2023

International Design Law: Global Law and Policy

Sterne, Kessler, Goldstein & Fox Daniel A. Gajewski

Articles

February 1, 2023

GM Rulings Maintain Fed. Circ. Design Patent Invalidation Bar

Law360 Multiple Authors

Articles

May 8, 2022

New USPTO Director Quickly Focuses on Much Needed Protection of Virtual Designs

IPWatchdog Daniel A. Gajewski, Tracy-Gene G. Durkin

Firm News

March 2, 2022

Sterne Kessler Releases 2021 Design Patents Year in Review: Analysis and Trends Report

Sterne, Kessler, Goldstein & Fox

Reports

March 1, 2022

2021 Design Patents Year in Review: Analysis and Trends

Sterne, Kessler, Goldstein & Fox Multiple Authors

Articles

March 1, 2022

International Design Law Continues to Evolve

Sterne, Kessler, Goldstein & Fox Daniel A. Gajewski

In the News

October 14, 2021

Three Reasons Why the SurgiSil Design Patent Case is Important

Managing IP

In the News

February 17, 2021

Surge in Chinese Utility Models Causes Concern

IAM

Articles

May 4, 2020

Design Patents Prove Successful On Enforcement, Defense

Law360 Multiple Authors

Articles

October 28, 2019

Curver Luxembourg v. Home Expressions: Words Can Matter in a Design Patent

Sterne, Kessler, Goldstein & Fox Daniel A. Gajewski

PTAB Strategies and Insights

September 27, 2019

PTAB Strategies and Insights - September 2019

Multiple Authors

Articles

September 27, 2019

Words Matter in a Design Patent

Sterne, Kessler, Goldstein & Fox P.L.L.C Daniel A. Gajewski

Articles

July 28, 2019

Utility Model Examination in China is Quietly Changing

IPWatchdog Daniel A. Gajewski

Articles

October 22, 2018

Don’t Give Away the Store: Protecting retail with design patents

Chain Store Age Daniel A. Gajewski

Articles

October 25, 2017

"Retro" Designs: Using Your Utility Portfolio to Expand Design Protection

Sterne, Kessler, Goldstein & Fox Daniel A. Gajewski, Mark W. Rygiel

Articles

July 31, 2017

Brewers & Blades: Avoiding Exhaustion in Products with Consumable Parts

Sterne, Kessler, Goldstein & Fox Daniel A. Gajewski, Mark W. Rygiel

Articles

April 26, 2017

PTAB Follows Case Law, Design Examiners Should Too

Law360 Daniel A. Gajewski, Tracy-Gene G. Durkin

Articles

January 31, 2014

Consumer Product IP: Coffee Isn't the Only Cure for Exhaustion

IP Today Daniel A. Gajewski, Mark W. Rygiel