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Joshua D. Berk


[email protected]



Josh is an experienced patent attorney who focuses on patent prosecution and strategic portfolio counseling. 

Josh has extensive experience with U.S. and international design patents related to consumer and industrial products and packaging, medical devices, sports equipment, and graphical user interfaces and icons. He regularly advises clients on building their design patent portfolios and strategically obtaining global protection for their designs.  

Josh drafts and prosecutes patent applications, provides patentability, infringement, and validity opinions, and implements offensive and defensive enforcement strategies for clients in a variety of technical fields, including consumer products, mechanical and automotive assemblies, medical devices, electronic and software systems, action sports, machine learning and artificial intelligence, bioinformatics, e-commerce, and manufacturing. His work also includes participating in inter partes review proceedings and supporting district court and ITC litigation.  

Prior to joining Mintz, Josh was an associate in the San Diego office of a large intellectual property and technology law firm. During law school, Josh served as a judicial extern for the Hon. Cathy L. Waldor, Magistrate Judge of the U.S. District Court for the District of New Jersey, and was president of the Seton Hall Intellectual Property Law Association.


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AI in Biotech and Synthetic Biology: What Can Be Protected? What Should Be Kept Secret?

August 11, 2021 | Blog | By Joshua Berk, Lily Zhang, Terri Shieh-Newton

Machine learning (ML), bioinformatics, artificial intelligence (AI), and other computational tools have become ubiquitous in the biotech and synthetic biology industries because such technology allows for rapid processing of a large amount of complex data to produce advancements in therapeutics and diagnostics. As the landscape becomes increasingly more competitive, it is important for companies, particularly in the aforementioned industries, to obtain patent protection for their AI-related technology.
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Claim language is important. Particularly when dealing with software systems, claims may be held invalid as being indefinite when the claim language is characterized as “means-plus-function” under pre-AIA 35 U.S.C. §112 ¶ 6 (now AIA 35 U.S.C. §112(f)).
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Design Patent Registrations after Brexit and Updates to Design Rights in China

February 25, 2021 | Blog | By Michael Van Loy, Joshua Berk

As we noted in Are Design Patents Missing From Your IP Portfolio, a design patent protects the visual ornamental characteristics of an article and can be an important part of a company’s patent portfolio. Like other patent rights, design patent applications may be filed internationally to expand the number of countries in which a company’s designs are protected.
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Are Design Patents Missing From Your IP Portfolio?

June 23, 2020 | Blog | By Michael Van Loy, Joshua Berk

A design patent protects the visual ornamental characteristics of an article, including consumer and industrial products, medical devices and related tools, sports equipment, jewelry, product packaging, and even web-based and mobile graphical user interfaces and icons.
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Recognition & Awards

  • Best Lawyers of America: Ones to Watch – Patent Law (2023)
  • ABA-BNA Award for Excellence in the Study of Intellectual Property Law, 2015 
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Joshua D. Berk


San Diego