Gearhart Law's David Postolski Named Partner

Gearhart Law’s David Postolski Named Partner

David Postolski, Esq., has been named Partner at Gearhart Law 

Summit, New Jersey – David Postolski joined Gearhart Law in 2014 as an associate attorney practicing patent, trademark and copyright law, and has recently been named a partner at the firm.  David’s main areas of expertise are software and entertainment IP law, although he is knowledgeable in all areas of IP law.


The promotion to partner is a recognition of David’s many contributions to the firm, including not only his legal work but his public outreach efforts as well.  David is a prolific speaker and tireless educator, heading committees and giving presentations world-wide.  In addition to continuously presenting IP topics at conferences, accelerators, high schools, and inventors’ groups in the U.S., David will be speaking in Milan, Italy, at the 2016 AIPPI World Congress on “Bon Appetite: IP and Food” in September, and in Luxembourg at the International Association of Lawyers (UIA) meeting on “American IP Perspectives and Transatlantic Data Transfers” in late September.  He also will be an ambassador and IP mentor at the USPTO National Summer Institute for Teachers in Detroit, MI in July.


According to Gearhart Law’s founding partner, Richard Gearhart, “David brings an entrepreneurial perspective and level of energy to the field of IP that is rare to find.  His love of IP law coupled with his enthusiasm and knowledge of the subject makes him an excellent speaker and teacher.  He connects with his clients and speaks to them in language that clearly communicates the IP knowledge they need for their projects, and he provides excellent service and legal work for their IP portfolios.”


David: “Making partner at any firm is an accomplishment, but to become partner at Gearhart Law is something truly special.  I am so proud to be a part of the Gearhart Family and achieving this there, has felt effortless, especially with the help of everyone there! I look forward to growing the firm in new, exciting ways.”


You can find out more about David on the firm’s website,  David can be contacted by calling Gearhart Law at 908-273-0700, or by emailing him at







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About Gearhart Law

Gearhart Law is an entrepreneurial intellectual property firm headquartered in Summit, New Jersey with offices in Manhattan and Philadelphia.  The firm specializes in patent, trademark and copyright services.  The firm’s expertise lies in drafting and prosecuting patents, trademark filings and prosecution, drafting and reviewing licenses and agreements, conducting due diligence for both investors and entrepreneurs, drafting legal opinions, patent enforcement and other legal matters related to IP.  Gearhart files both domestically and internationally and has attorneys who speak multiple languages.


Gearhart Law has over 20 years of expertise in the area of consumer/industrial products and life sciences, as well as software and chemical arts.  The firm’s clients range from individual entrepreneurs to global businesses.  Gearhart Law’s headquarters is located at 41 River Road, Summit, NJ 07901.  For more information, call 908-273-0700, email or visit the website at and the blog at


Harshad Khurjekar added as speaker to Global IP/Business event on June 23rd




Harshad Khurjekar will be speaking at the 2nd annual "Global Intellectual Property Law Symposium".  on June 23rd at 2pm in mid-town NYC.  He joins speakers Jack Killion, Richard Gearhart, David Postolski, Nick Bassil, Sinai Yarus and Andrea Yonah (and possibly Prity Khastgir) to discuss the best tools entrepreneurs can use to expand their businesses into the global market and make money doing so! 

Our investors, Mike Banasiak and Mary McCaffrey, will tell you what investors expect and the best ways to get funding.

In the past, it was mainly large companies who had overseas operations but as the marketplace has become more 'global' entrepreneurs are finding it much easier to expand globally.  Our experts will tell you what to expect and how to operate so you can maximize your chances of success.

Our inventor showcase has 2 spots left; email us at to claim your spot.

Trademarks are the lifeblood to branding; drop your card in the bowl to get chosen for free legal services for a trademark.  Winner pays the government fees, but gets about $750 in legal work.

We hope to see you there!  You can register on EventBrite here.

Becoming "Silicon Jersey" June 15th 5:30-8:30pm

posted by Elizabeth Gearhart, Ph.D., patent agent at Gearhart Law. and organizer for Morris Tech Meetup

Hi Everyone,

There are just a few days left to register for our dinner meeting in conjunction with the Morris County Economic Development Corp.

We will need to cut off registrations soon in order to get an accurate count so please REGISTER HERE.

The meeting is like a who's who in New Jersey entrepreneurs and it will explore how New Jersey can become a tech powerhouse "Silicon Jersey".

Speakers include Michael Michalowitz (Author, Fox News and MSNBC commentator), Aaron Price (Nj Tech, Propeller), Mario Casabona (Tech Launch, serial angel investor), Chip Parmele (investor and expert investment advisor) and Stephen Socolof (venture capitalist).

Please note the event costs $35 plus a $2 processing fee.  This is to cover the cost of dinner as well as other expenses.  Please support us and RSVP HERE for the event before registration closes.


The Morris Meetup Team

June 23rd - Meet investors and global IP attorneys, learn about Global Networking


                         Posted by Elizabeth Gearhart, Ph.D., Patent Agent at Gearhart Law


Gearhart Law is hosting the 2nd Annual Global Intellectual Property Law Symposium in NYC.

The event takes place June 23rd from 2-7pm at TKP Conference Center in Manhattan on 39th near 6th Ave. 

Speakers are currently being added and include a keynote by Jack Killion on Global Networking, a panel from India with Prity Khastgir, a panel from Europe with Nick Bassil, and a panel from Israel with Sinai Yarus, and Andrea Yonah.

Our investor panel includes Mike Banasiak  from Liquid Capital Express and Mary McCaffrey from Golden Seeds, with more investors joining as well.

If you want a table, please email me at

Propeller - a HUGE success!


written by Elizabeth Gearhart, Ph.D., patent agent at Gearhart Law

Propeller – a HUGE success

Aaron Price wanted to hit a home run with Propeller.  He hit the ball out of the stratosphere!   Gearhart Law had a table at the event and our team talked to people for 11 hours straight.  I escaped a couple of times to watch the drones and to check out the other tables and tents and the presentations, all of which were amazing.  I truly think that all 6,000+ people who signed up came to the event, some in the morning, some in the afternoon.  Richard (founder of Gearhart Law) gave a presentation and got some great questions from the audience.   It was delightful to talk to all of the entrepreneurs and others who stopped by our table, and I was intrigued by the many innovative new startups and ideas.  This event reinforced that innovation is alive and well in the Northeast corridor and that we have a thriving community of brilliant people who want to connect.  Way to go Aaron!


Richard Gearhart to Speak at Propeller May 20th

 Join us at the pier in Hoboken for PropellerFest on May 20th! 

To learn more & register click
At 5:20 pm on The Stage of Wisdom Richard Gearhart will discuss:

 "How Intellectual Property Affects Valuations"

IP costs a lot of money - a patent can run between 10K and 50K, and trademarks aren't cheap either. So how do you get back the money you invest in Intellectual Property? Richard will discuss how companies use IP and why investors look for it when investing in a company.

BTW - Which company, worldwide, was issued the most patents in 2015?

Answer: IBM, with 7,355 patents issued in one year alone! Why do they need all of those patents?

Come and find out - Richard's presentation will be on The Stage of Wisdom at 5:20pm. So grab a beer or other drink and meet us at 5:20 for a great presentation.

What is Propeller?

It's where "Innovators of the Northeast Unite" (per the website). It's also a HUGE festival for innovators, entrepreneurs, business people, investors, service providers, basically anyone interested in 'propelling' creativity forward.   All are invited, and virtually anyone and everyone in the Northeast's entrepreneurial world will be there.

On the pier in Hoboken, Propeller is an all day and early evening event, with food trucks, craft beer, wine, rockin' bands, sponsor tables, and of course presentations, with a percentage of all sales going to charity.

We hope to see you there! Stop by the Gearhart Law table to say hi and for a free pen. And, the first 100 to visit us will get a cool gift too.



Richard Gearhart to speak at HealthTech May 19th

To learn more and register, click here.

NJTC is sponsoring the HealthTech conference on May 19th at NJIT.  Along with a number of high powered speakers, the keynote speaker is David Shulkin, MD, Under Secretary for Health Veterans Health Administration (VHA).

Gearhart Law's founder, Richard Gearhart, will participate in a panel discussion of Innovation.  Stop by our table for a free gift.


Which company worldwide had the most patents issued in 2015?

written by Elizabeth Gearhart, Ph.D., Patent Agent at Gearhart Law

Can you guess which company of all the companies globally obtained the most patents in 2015?

First hint – its headquarters are in the U.S.

Second hint – it’s a tech company.  Do tech companies need patents? This one finds value in them.  Lots of them.

Third hint – it’s not Microsoft or Apple.

Fourth hint – it’s been around since 1911.

Fifth hint – it shares a nickname with an NFL team.

Sixth hint – the nickname includes the words big and blue.


Yes, it’s Big Blue, or IBM.  They had 7,355 patents issued to them in 2015.  We figure if they spent an average of $10K per patent (it’s probably more, but let’s err on the side of caution), they dropped a cool 73.5 million on patents in one year alone.  GO BIG BLUE!

So who was #2 and where are Microsoft and Apple?  The top 15 are below:

Rank        #Patents   Company                                                           Country




International Business Machines Corp


United States




  Samsung Electronics Co Ltd






  Canon KK






  Qualcomm Inc


United States




  Google Inc


United States




  Toshiba Corp






  Sony Corp






  LG Electronics Inc






  Intel Corp


United States




  Microsoft Technology Licensing LLC


United States




  Apple Inc


United States




  Samsung Display Co Ltd






Taiwan Semiconductor Manufacturing Co






  General Electric Co


United States




  Ricoh Co Ltd




This data is from the IFI Claims Patent Services website:


The other side of non-disclosure agreements


Richard Gearhart, Esq., Founder, Gearhart Law

What is the purpose of a non-disclosure agreement (NDA)?

Many inventors and investors alike think an NDA exists solely to protect an idea or invention from thievery.  Based on that, the investor may balk at signing it.  Why would an investor steal your idea when he or she is funding it, after all? 

BUT – Although the NDA does guard against theft of your intellectual property, it has another, and, I would argue, almost more important function in the patent world.

How could that be?  First let’s talk about what a public disclosure is and how an NDA prevents this, then we’ll discuss why it means so much for patents.   A public disclosure happens when you tell another person about your invention (unless they’re a co-inventor).   But, if you have a signed NDA from the person with whom you’re discussing the invention, then it’s not public, so no public disclosure has taken place.

Who cares about a public disclosure?  The US patent office does, and foreign patent offices too, but they’re much more strict.  In the US, you have one year in which to file a patent after a public disclosure.  In legalese it’s called a ‘one year bar’.  If you don’t file within that year, you can NEVER get a patent on your invention as disclosed.  If you make significant changes to your invention you may be able to patent the modified version, but that’s not even a sure bet. 

How can foreign countries be more strict than that?  They don’t even give you that year.  Once you’ve made a public disclosure of your invention, you can NEVER get a patent in Europe or in a number of other countries either.  In legalese that’s called an ‘absolute bar’.

So what is a public disclosure?  It’s telling anyone about your idea or invention if they’re not a co-inventor and they haven’t signed an NDA.  You may do this, for instance, if you present a detailed description of your invention at a conference, during a pitch presentation, display it at a trade show, or even sell just one item or tell one investor.  If you do that, you’d better have a patent on file already or you’ve just lost all of your patent rights in Europe and other countries for that invention.

Please note – you can tell your patent professional about your invention without its being a public disclosure.  Most patent professionals (and certainly the team here at Gearhart Law) have a blanket NDA covering everything they discuss with clients.  If you’re using a law firm, you also have attorney/client privilege, and your attorney won’t discuss your idea with anyone else without your permission.

So yes, the NDA protects against thievery, and unfortunately thievery does happen.  But if you’re working with an investor who doesn’t want to sign an NDA because he or she isn’t a thief and expects you to trust them, please tactfully remind them of the importance of the NDA for preserving your patent rights in Europe and elsewhere.


Israel and Innovation - a Good Match

written by David Postolski, Patent Attorney at Gearhart Law

Having been invited to present at the AIPLA and AIPPI Conference March 20-22, 2016, in Tel Aviv to speak about Post Grant Review proceedings for patents, I was honored to travel to Israel. I must admit that my trip to Israel was one filled with doubt and fear of the unknown, having not been there for almost 15 years, and never having gone as a professional Intellectual Property attorney.

However now my trip to the Holy Land of Israel is complete. Wow! To sum it up: Having traveled there before because my father is in fact Israeli the surprise had more to do with my first time being in Israel as a professional, in a suit, with cufflinks, and as part of the AIPLA (American Intellectual Property Law Association) delegation of 13 U.S. Intellectual Property and patent lawyers and as a speaker at the AIPPI (International Association for the Protection of Intellectual Property) Conference on the economy of innovation. 

Israel takes its IP seriously both in high tech and life sciences and rightfully so, as it is the startup nation and is now known as the scale up nation. Israel has the highest per capita of Ph.D.s and the technology and Pharma research to back it up.  Speaking on post grant review proceedings was an honor and experiencing Israel through the eyes of their patent attorneys (equivalent to U.S. patent agents) was rather eye opening for me.  

The delegation tour started with a visit to Israel’s Ministry of Justice IP division where we met with advocate Howard Poliner and then continued to the Israel patent office where we met with the commissioner of patents Asa Kling.  The discussion was not only exciting but eye opening to learn of Israel’s high ranking place in the world of innovation and international patent filings.  We then visited the first of two technology transfer offices of Israel’s largest universities. First, we visited Yissum Research and Development Hebrew University in Jerusalem (responsible for diverse inventions ranging from the seedless cherry tomato, Mobileye technology for automobiles and their dementia drug Exelon). A few days later we visited the technology transfer office of Ben Gurion University, a world leader in agricultural innovations. The university is located in a cyber park in the city of Be'er Sheva, which is fast becoming and is appropriately named Israelis hi-tech park. Companies from all over the world have opened offices there and the energy is frenetic and exciting to be around. 

At the Conference we heard from many dignitaries including but not limited to Israel’s Minister of Justice Ayelet Shaked, Israel Supreme Court Justice Hanan Melcer,  India Supreme Court Justice AK Sikri, Director General of the World IP Law Organization (WIPO) and members of Israel’s Chief Scientist Office (CSO). The CSO mission is to match and fund businesses that want to move into world markets as well as assist U.S. businesses to move into and break into markets.   Due to its size it's very easy to see that the key innovation players in Israel have put the country in a strategic place among the top five countries for IP (U.S., Europe, China, Japan, and Korea).   

When God spoke to Moses at the burning bush, Israel was referred to as a "good and spacious land, a land flowing with milk and honey..."  Scholars have said that the key word is "flowing." Fruit trees grow in many different terrains, but their produce only overflows with nectar or honey when the land is especially fertile.  Similarly, animals survive in many habitats, but only overflow with milk when they are in particularly fertile pastures.  Thus, Israel is often referred to as a "land flowing with milk and honey" as it is indicative and symptomatic of a greater good—the fertility of the Promised Land.  Israel is now known as the startup nation or in more recent years the scale up nation. Innovation is in their DNA. Invention is what built Israel as the startup nation and invention will take this fertile nation of entrepreneurs and lead them into the future as the scale up nation.