Brad Van Pelt concentrates on prosecution, counseling, and litigation in all areas of intellectual property. Brad has wide-ranging experience in prosecution and counseling. He has years of patent drafting experience in the mechanical, software, and business method arts. He frequently prepares freedom-to-practice opinions, and has served on successful IPR and patent litigation teams in obtaining favorable rulings for clients. In addition to his utility patent practice, Brad also has extensive experience in procuring design patents and is active in the design patent bar. He was also named to the 2014, 2015, 2016, 2017, 2018 and 2019 Illinois Super Lawyers Rising Stars, which include only the top 5 percent of attorneys in the state.

Brad assists clients with creative strategies in developing strong patent portfolios both domestically and internationally. Brad leverages his experience as a former examiner to creatively advance applications to grant. He has also presented at numerous conferences on creative strategies in advancing applications and development of prosecution strategies in light of the America Invents Act.

Brad has prepared and prosecuted software-oriented applications directed to security, networking, audio monitoring, cash handling devices, business methods, and graphical user interfaces and mechanical applications directed to merchandising systems, transducers, microphones, earbuds, medical devices, insulation devices, sporting equipment, composite materials, container handlers, and dispensers.

Prior to his role at Banner Witcoff, Brad was a patent examiner at the U.S. Patent and Trademark Office in the early 2000s. While at the Patent and Trademark Office, Brad examined patent applications directed to the mechanical arts, especially in the automotive, transportation, and power generation arts. Brad served in the chambers of the Honorable Richard Linn of the United States Court of Appeals for the Federal Circuit, which hears all patent appeals in the United States. Brad was also a design engineer for Sub-Zero Freezer Company where he designed testing equipment for digital refrigeration components and software.

He earned his undergraduate degree in Mechanical Engineering from the University of Wisconsin-Madison in 2002. He was awarded his J.D. degree from Georgetown University in 2007.

Brad is registered to practice before the U.S. Patent and Trademark Office, and is admitted to practice in Illinois. He practices in the Chicago office of Banner Witcoff.

Presentations

• “Will the Real-Party-in-Interest Please Stand up? Tips, Takeaways and Key Decisions Relating to RPIs and Privys in PTAB Proceedings” webinar for Clear Law Institute in May 2019
• “Fishing for Effective Outside Counsel” at SHIP’s Second Annual Boots IP Summit in Galveston, Texas in April 2019
• “New and Emerging Design Patent Strategies,” at WITCON, Banner & Witcoff’s Corporate Intellectual Property Seminar in Chicago in 2017
• “Advanced Patent Prosecution Strategies to Further Corporate Goals,” at the All Ohio Annual Institute on Intellectual Property in Cleveland and Cincinnati in 2016
• “Best Practices for Corporate Counsel: Economically Protecting Your Inventions,” at WITCON, Banner & Witcoff’s Corporate Intellectual Property Seminar in Chicago in 2015
• “The Total User Experience: Improving the Content and Quality of Your Company’s Patent Application Post-AIA” at WITCON, Banner & Witcoff’s Corporate Intellectual Property Seminar in Chicago in 2014
• “The Total User Experience: Improving the Content and Quality of Your Company’s Patent Application Process Post-AIA” at the Managing Intellectual Property Conference in Washington, D.C. in 2014
• “Two Sides of Patents: Getting Stronger Patents for Your Company and Alternative Ways to Defend Against Patent Litigation,” at the ACC Chicago CLE Program in Rosemont, IL and in Chicago in 2014
• “The Total User Experience: Improving the Content and Quality of Your Company’s Patent Application Process Post-AIA” in a Banner & Witcoff/BNA webinar in 2013
• “Emergency IP: Expediting the Granting of Patent Rights” at WITCON, Banner & Witcoff’s Corporate Intellectual Property Seminar in 2012

Articles

• “Why Patent Ownership Disputes Can Make or Break Consumer Product Launches,” Journal of the Patent & Trademark Office Society, February 25, 2019
• “Clarifying Multi-Embodiment and Single-View Design Filings,” Law360, December 14, 2018
• “New Claim Construction Standard at the PTAB as of November 13, 2018,” IP Alert, October 10, 2018
• “Full Panel of Fed. Cir. Clarifies that Even Voluntarily Dismissed Cases Start the Year Time-Bar Clock for Inter Partes Review,” IP Alert, August 27, 2018
• “Highlights of Design Day 2018,” IP Alert, May 4, 2018
• “Corporate Goals in the Patent Landscape: 5 Ways to Perfect Your Product Launch,” Corporate Counsel, April 25, 2018
• “Using Ex Parte Appeals to Advance Key Patents to Further Corporate Goals,” IP Update, Spring/Summer 2017
• “IP Management: Creating, Maintaining and Advancing Your Portfolio to Increase Your Company’s Bottom Line,” The Licensing Journal, March 15, 2017
• “Adding to Your Company’s Bottom Line with Intangible Assets: Creating, Maintaining & Advancing Your IP Portfolio,” IP Update, Fall/Winter 2016
• “Brexit’s Effect on Intellectual Property,” IP Alert, July 13, 2016
• “Apple and Samsung at the Supreme Court: Case Proves Need for Design Patents in Overall IP Strategy,” IP Update, Spring/Summer 2016
• “Obama Signs Law Allowing Trade Secret Owners to Sue in Federal Court,” IP Alert, May 12, 2016
• “4 Times to File a Continuation Patent Application,” Law360, March 17, 2016
• “Preparing for the Obvious at the PTAB,” Law360, June 30, 2015
• “Challenging and Defending Obviousness at the PTAB,” IP Update, Spring/Summer 2015
• “AIA Toolbox: Intake, Checklists, and Faster Drafting Techniques,” IP Update, Fall/Winter 2014