Benjamin A. Berkowitz


Dr. Benjamin (Benny) Berkowitz counsels innovative clients as they develop new products, protects their groundbreaking inventions, and helps them maximize the value of their intellectual property in furtherance of business goals and strategy.

A partner and IP Chair of the Washington, D.C., office of Foley & Lardner LLP, Benny counsels clients on legal and strategic issues related to IP, drafts and prosecutes patent applications in the United States and abroad, and evaluates IP for due diligence analyses and freedom to operate opinions. Benny has prosecuted a variety of chemical, biochemical, and mechanical patents in a broad spectrum of technologies including: plant molecular biology, antibodies, chemical sensors, optical equipment, small molecules, polymers, and pharmaceuticals. He practices in the firm’s Chemical, Biotechnology & Pharmaceutical and International Practice Groups, as well as the Innovative Technology Sector, for which he serves as chair of the Health Tech and Genomics Area of Focus. He previously chaired the firm’s National Associates Committee.

Benny also counsels companies on due diligence matters for business deals and securities offerings. He has served as lead IP counsel for companies in deals totaling more than US$4.2 billion and worked with numerous companies in securities offerings, including IPOs.

Benny maintains a niche practice in helping companies receive IP protection on plant varieties, including plant breeder’s rights protection, plant patents, and PVPA protection.





2009年に、知的財産権、特許訴訟や植物特許に対してLegal 500に選出された。

学歴 ・経歴

コロンビア大学卒業(科学工学学士号、1994年)。 イェール大学卒業(分子生物学及び生化学博士号、2001年)。ジョージタウン大学ロースクルー卒業(法学博士号、優等(cum laude)で取得、2006年)。 ロースクールに通う中、連邦巡回控訴裁判所でArthur Gajarsa 判事の下でインターンシップをした。




  • Benjamin Berkowitz and Stephen Maebius, “United States: Reforms Include Post-Grant Opposition,” Managing Intellectual Property, October 2008
  • George Best, Benjamin Berkowitz, and Stephen Maebius, “How Damaged Is the Patent Reform Act?” Legal Times, July 7, 2008
  • Berkowitz B, Huang DB, Chen-Park FE, Sigler PB, Ghosh G, “The x-ray crystal structure of the NF-kappa B p50.p65 heterodimer bound to the interferon beta -kappa B site,” J Biol Chem. 2002 Jul 5;277(27):24694-700
  • “Intellectual Property Protection for Plant Inventions – A Practical Guide for the U.S.,” Tel Aviv Israel, May 26, 2008
  • “Patent Reform 2008: The Current Debate and Its Implications for Biotech,” Tel Aviv, Israel, May 26, 2008
  • “Patent Reform Act of 2008: The Current Debate and Its Implications for Biotech,” New York Biotechnology Association Meeting, May 18, 2008
  • “New USPTO Continuations and Claim Rules and Their Practical Implications,” Tel Aviv, Israel, November 5, 2007
  • “Practical Considerations in Restriction Practice,” Tel Aviv, Israel, Summer 2007

Awards and Recognition

  • Legal 500 – Intellectual Property, Patent Prosecution and Plant Patents (2009).

Presentations and Publications

  • “Cancer Drugs: Antibody Drug Conjugates (ADCs) Keep Growing,” Health Care Law Today (March 12, 2024)
  • “U.S. Pharmaceutical Patent Litigation Developments,” Japan Pharmaceutical Manufacturers Association, U.S. Patent Law Seminar Series – 2020-2022 (Nov. 16, 2022)
  • “U.S. Patent Counseling Update: USPTO Statistics, New Programs, and Federal Circuit Cases,” Japan Intellectual Property Association, U.S. Intellectual Property Law Update Seminar Series – First Half of 2022 (Sept. 8, 2022)
  • Berkowitz B, Huang DB, Chen-Park FE, Sigler PB, Ghosh G, “The x-ray crystal structure of theNF-kappa B p50.p65 heterodimer bound to the interferon beta -kappa B site,” J Biol Chem. 2002 Jul 5;277(27):24694-700
12 March 2024 Health Care Law Today

Cancer Drugs: Antibody Drug Conjugates (ADCs) Keep Growing

Over the past few years economic headwinds have resulted in fewer deals, with companies and private equity firms alike reassessing where to spend money.
08 December 2023 Innovative Technology Insights

FDA Approves Two Gene Therapies to Treat Sickle Cell Disease Including a CRISPR-Based Therapy

These new therapies harness the power of stem cells to help patients with sickle cell disease avoid vaso-oclusive events and crises.
18 July 2022 White Papers

Cannabis Mid-Year Update 2022

With record inflation and the uncertain outcomes of geopolitical issues roiling global markets, the cannabis industry has nevertheless continued unperturbed.
26 February 2021 White Papers

Reading the Leaves: What's in Store for Cannabis in 2021

On the heels of a year beset by turmoil and the myriad challenges caused by the global pandemic, the cannabis industry nevertheless entered 2021 poised for significant growth amid a landscape teeming with opportunity.
21 May 2019 Blogs

Plant Variety Protection Act Now Covers Asexually Reproduced Plants

The 2018 Farm Bill included changes to the Plant Variety Protection Act (PVPA) that extends the availability of protection to asexually reproduced plants.
11 October 2018 Events

Global Relationships In Flux – How Would You Redraw Your IP Strategy Map?

Please join us for the 2018 Foley Tokyo IP Conference “Global Relationships In Flux – How Would You Redraw Your IP Strategy Map?”