Derek P. Benke

Derek P. Benke

Senior Attorney

Alexandria, VA

How Derek Helps Clients

A patent attorney with more than 10 years of experience, Derek P. Benke focuses his practice on various intellectual property matters, including patent prosecution, drafting validity and infringement opinions, client counseling, and IP due diligence. Derek’s experience includes prosecuting and drafting patent applications in a multitude of technologies which include consumer electronics, semiconductor devices and semiconductor fabrication systems, signal compression and encoding schemes, computer hardware and software, communications systems, audio and video processing, display technologies, medical devices, aerospace and automotive components, gas turbines, electric trains, cargo ships, air-conditioning systems, power production and storage systems, and business methods. His experience also includes appellate procedures before the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office and post-grant proceedings.

In 2018, as a result of client nomination, Derek was named a BTI Client Service All-Star. The 2018 survey names 328 lawyers from 149 law firms, singled out by corporate counsel for delivering the absolute best client service. Derek is one of 27 Intellectual Property lawyers in the country to receive this honor.

What Clients Can Expect

Derek is very responsive to client inquiries and needs and presents the client with all options for responding to a particular issue. He stays up-to-date with important court cases and U.S. Patent Office procedures and programs.   He works tirelessly to obtain the broadest possible rights for his clients. 

Outside the Office

Born and raised in a suburb of Minneapolis, Derek loves to play and watch sports such as hockey and football and is an avid runner, fisherman and downhill skier. He is a car aficionado and enjoys car shows, auto racing and putting his car through its paces on the race track. He is a graduate of Skip Barber Racing School. Derek is married and enjoys spending time with his two sons. Derek says that if he had not chosen a career in law, he might have been an anesthesiologist or a car designer.

My experience with interfacing with patent examiners in person at the Patent Office has given me unique tools and perspectives to more efficiently and effectively advance prosecution of the patent application to achieve my clients' goal of obtaining valuable patents.

Proof Points

  • Represented a wide range of clients, ranging from Fortune 50 companies to individual inventors. Many of the large international corporations Derek has represented are leaders in their fields and among the most respected corporations in the world.
  • Obtained over 20 patents for a large consumer electronics company in the high-definition DVD format space via the Patent Prosecution Highway (PPH) Program. These patents were among the first to be allowed by the Patent Office via the PPH program.
  • Obtained many patents for a Fortune 200 company that was nominated for the Tech Innovator of the Year Award at the 2015 Greater Washington Innovation Awards.
  • Appealed many final Office Action rejections to the Board of Patent Appeals and Interferences.
  • Conducted hundreds of in-person Examiner Interviews at the U.S. Patent and Trademark Office to advance prosecution of patent applications before the Office.