Brandon R. Theiss is a patent attorney who combines deep technical knowledge with sophisticated intellectual property strategy. Drawing on more than a decade of engineering experience before entering the legal profession, he advises clients on patent prosecution, post-grant proceedings, licensing, and complex intellectual property matters involving emerging technologies. His practice spans industries including medical devices, software, fintech, cloud computing, artificial intelligence, industrial automation, and advanced manufacturing.
Brandon’s path to patent law was intentionally built on a foundation of real-world engineering experience. Before becoming an attorney, he worked as an engineer for companies including Medtronic and American Standard, where he developed industrial control systems, automation technologies, and spinal implant products. His engineering background continues to shape his approach to legal practice, allowing him to engage with inventions at a highly technical level while developing practical strategies that align with his clients’ business objectives.
Over the course of his career, Brandon has represented inventors, startups, established technology companies, pharmaceutical manufacturers, and multinational corporations. He is particularly recognized for his work in patent eligibility under 35 U.S.C. § 101, one of the most complex and rapidly evolving areas of U.S. patent law. Through his widely followed publication, Divergent Patent Law, he provides in-depth analysis of patent doctrine, regulatory developments, and emerging issues affecting innovation-driven industries. His writing frequently examines the intersection of patent law, regulatory frameworks, and international intellectual property systems.
One of Brandon’s most significant professional accomplishments was developing and leading the open source patent licensing program at Intellectual Ventures. The program generated more than $250 million in revenue and established a novel licensing framework for technologies implemented through open source software. Brandon developed the underlying licensing strategy, evidence-of-use methodologies, and supporting infrastructure that enabled widespread adoption of the program. Today, a substantial percentage of U.S. financial institutions operate under licenses negotiated through those efforts. He also played an active role in defending the associated patent portfolio through inter partes review proceedings and related litigation.
Prior to joining AddyHart, Brandon served as a Shareholder at Volpe Koenig, where he built and led the firm’s post-grant proceedings practice. His experience before the Patent Trial and Appeal Board, combined with his technical background and prosecution experience, allows him to guide clients through the full lifecycle of intellectual property protection and enforcement.
Brandon remains actively engaged in the legal and academic communities. Since 2024, he has served as an Adjunct Professor at Villanova University Charles Widger School of Law, teaching patent prosecution. He has also mentored students through the New Jersey Governor’s School of Engineering and Technology, helping future engineers develop practical experience analyzing and evaluating real-world patent issues. In addition, he is a co-author of FDA and Intellectual Property Strategies for Medical Device Technologies and serves as Secretary of the CMIPA, an American Bar Association liaison council focused on harmonizing patent law between the United States and China.
Known for his ability to bridge the gap between technical innovation and legal strategy, Brandon is trusted by clients facing complex intellectual property challenges. Whether prosecuting patents, navigating post-grant proceedings, or developing licensing strategies, he brings a unique combination of engineering insight, legal acumen, and business-minded problem solving to every engagement.
outside the office
Outside of the office, Brandon dedicates significant time to teaching, mentoring, and exploring the next frontier of patent law. He annually serves as a judge for the New Jersey Junior Science and Humanities Symposium at Rutgers University and mentors student teams at the New Jersey Governor’s School of Engineering and Technology.
He also serves as in-house patent counsel to Swoop In Technologies, a startup operating at the edge of emerging technologies and evolving intellectual property issues. True to his interest in unconventional legal questions, Brandon has long studied the outer limits of patent protection, including 35 U.S.C. § 105, which extends U.S. patent rights to inventions used in outer space and aboard spacecraft.