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

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

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February 17, 2021

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May 4, 2020

Design Patents Prove Successful On Enforcement, Defense

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October 28, 2019

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

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September 27, 2019

PTAB Strategies and Insights - September 2019

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Utility Model Examination in China is Quietly Changing

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October 22, 2018

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

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October 25, 2017

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

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July 31, 2017

Brewers & Blades: Avoiding Exhaustion in Products with Consumable Parts

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April 26, 2017

PTAB Follows Case Law, Design Examiners Should Too

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January 31, 2014

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

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