Benjamin A. Berkowitz



Benjamin Berkowitz is a partner and intellectual property lawyer in the Washington, D.C. office of Foley & Lardner LLP. He has experience counseling clients on legal and strategic issues related to intellectual property, drafting and prosecuting patent applications in the U.S. and abroad, and evaluating intellectual property for due diligence analyses and freedom to operate opinions. Dr. Berkowitz 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 Practices, as well as the Life Sciences Industry Team. In addition, he was chair of the firm's National Associates Committee.

Dr. Berkowitz 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 over $4.2 billion and worked with numerous companies in securities offerings, including IPOs.

Dr. Berkowitz maintains a niche practice in helping companies receive IP protection on plant varieties, including plant breeders rights protection, plant patents, and PVPA protection.


In 2009, the Legal 500 recognized Dr. Berkowitz as one of the leading lawyers in the U.S. for intellectual property, patent prosecution and plant patents.


Dr. Berkowitz received his J.D., cum laude, from Georgetown University Law Center in 2004. While in law school, he interned for Judge Arthur Gajarsa at the United States Court of Appeals for the Federal Circuit. Dr. Berkowitz has a Ph.D. in molecular biophysics and biochemistry from Yale University (2001) and a B.S. in chemical engineering from Columbia University (1994).


Dr. Berkowitz is admitted to practice in Virginia, New York, and the District of Columbia, as well as before the United States Supreme Court, the United States Court of Appeals for the Federal Circuit and the United States Patent Office.

Publications and Presentations

  • 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