David M. Breiner


Office: 515-242-2411

Fax: 515-323-8511



I am a patent, trademark, and copyright attorney with the BrownWinick law firm.  It is my job to help clients find the best way to protect their intellectual property.  My time is spent on a variety of tasks ranging from protecting a client’s trademarks to protecting a client’s inventions.  If you need help understanding what types of intellectual property you own and the best way for protecting it, please let me know.

My Approach

I learned the best way to help a client protect his or her intellectual property is to listen, understand, and ask questions.  I look not only at the client’s immediate needs, but the needs the client may have in the future.  Once I understand these needs I strive to develop strategies for protecting the client’s intellectual property.  Sometimes the strategy resembles a shield, other times a sword, more often than not; a mixture of both.

More About Me

I became a patent attorney because I love learning new things and enjoy working with creative people.  In fact, working with innovative people was my motivation for going back to law school.  Before law school I worked as a licensed professional engineer in the power industry.  Prior to that, I completed a bachelor’s degree in biology, a bachelor’s degree in mechanical engineering, and a master’s degree in engineering mechanics.  I graduated with honors from the Washburn University School of Law and thereafter worked for a top 5 patent law firm in Washington D.C.

My Specialties

  • Patent Law
  • Trademark Law
  • Copyright Law

USPTO Announces COVID-19 Prioritized Examination Program for Certain Trademark/Service Mark Applications

June 16, 2020   The United States Patent and Trademark Office (USPTO) recently announced a new COVID-19 prioritized examination program for certain trademark and/or service mark applications.  To Read…

The United States Patent and Trademark Office Announced a New COVID-19 Prioritized Examination Pilot Program

May 13, 2020   The United States Patent and Trademark Office (USPTO) announced a new COVID-19 Prioritized Examination Pilot Program.  Under this new pilot program, the USPTO will Read…

COVID-19 Will Spawn a Slew of New Patent Filings

March 26, 2020   Currently, we are inundated with information about COVID-19, which is short for coronavirus disease 2019. Coronaviruses are relatively large spherical viruses having projections extending Read…

Granting of Waivers by The United States Patent and Trademark Office for Abandoned or Canceled Patent and Trademark Applications

March 26, 2020   The United States Patent and Trademark Office (USPTO) considers the effects of the Coronavirus outbreak to be an “extraordinary situation.” As such, the USPTO Read…

Claiming Color as Part of a Trademark

September 19, 2019 A trademark is a symbol used in commerce to identify a source of goods and services. This symbol often takes the form of a logo, word(s), Read…

Beware of the Copyright Troll!!!

April 20, 2018 For the last five years many people have received letters alleging they infringed another party’s copyrights.  The story for these people is almost always the Read…

Is My Software Patentable?

March 3, 2017 Is my software patentable?  Maybe!!!  Does it solve a problem rooted in computer technology?  Does it improve the performance or functioning of a computer?  Does Read…

Return of Textbook Case Allows Supreme Court to Clarify Standards in Awarding Attorney's Fees in Copyright Cases

October 14, 2016 In June, the Supreme Court once again issued a ruling involving textbook giant John Wiley & Sons, Inc. (“Wiley”) and Supap Kirtsaeng (“Kirtsaeng”) a student Read…

Patent Pirates Beware: Enhanced Damages after Halo

August 18, 2016 In June 2016, the Supreme Court decided Halo Electronics, Inc. v. Pulse Electronics, Inc. and fired a broadside attack at persons who purposefully infringe upon a valid Read…

Senator Grassley's PATENT Act Aims at Curbing Abusive Patent Litigation

June 4, 2015 Abusive patent litigation costs American consumers and businesses billions of dollars each year.  The RPX Corp., a provider of patent risk management services, estimates that Read…

Trade Secrets and Patents

November 12, 2014 The marketplace is full of inventions.  The Coca-Cola Company, for example, invented a “new” soft drink in the 1880s which allowed it to dominate the Read…

Software Patents, Abstract Ideas, and Alice Corp.

August 31, 2014 Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a Read…

The United States Patent System - The Change is Coming! - Part III

September 4, 2012 As mentioned in my previous articles, the America Invents Act (AIA) will move the United States Patent System from a first-to-invent system to a first-to-file Read…

The United States Patent System - The Change is Coming! - Part II

June 6, 2012 As outlined in my previous article, the America Invents Act (AIA) will move the United States patent system from a first-to-invent system to a first-to-file Read…

The United States Patent System - The Change is Coming! - Part I

May 24, 2012 Historically, the United States patent system has been a first-to-invent system. That is, in a competition between two inventors seeking a patent on the same Read…

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Cecilia Smith - 515-558-0893

Kendra Haug - 515-242-2451


University of Nebraska

B.S., Biology, 1989; B.S., Mechanical Engineering, 1994


University of Nebraska

M.S., Engineering Mechanics, 1997


Washburn University School of Law

J.D., with Dean's Honors, 2006


Kansas, 2006; U.S. Patent and Trademark Office, 2007; Iowa, 2014

Memberships & Associations

  • Polk County Bar Association
  • Iowa State Bar Association
    Member; Intellectual Property Law Section
  • American Bar Association
  • Iowa Intellectual Property Law Association
  • American Intellectual Property Law Association
  • Kansas Bar Association