Brian McKnight is a registered patent attorney who leads complex, high-value IP matters with sharp technical insight and practical, business-first judgment. He focuses his practice on patent drafting, patent prosecution, patent due diligence and strategic counseling across a broad spectrum of technologies, including generative AI and machine learning, blockchain and Web3 technologies, software applications, security, SD-WAN and cross-disciplinary innovations at the intersection of biology and engineering. His work also spans freedom-to-operate and non-infringement opinions, invalidity analysis, reexaminations and litigation.

Brian’s current signature is generative AI. He works closely with product and engineering teams building real-world GenAI systems and has developed a level of technical depth that goes beyond the baseline across the profession. He helps a major generative AI company with traditional in-house activities as well as patent drafting, counseling and prosecution. His day-to-day work keeps him grounded in how modern AI products are actually built and deployed across model and API capabilities, system architecture tradeoffs and the failure modes that matter in practice.

Clients turn to Brian when timing, quality and strategic clarity are essential. He’s frequently tapped by management teams for mission-critical projects and is known for a drafting style that’s efficient, thoughtful and respectful of inventors’ time — all while meeting specified project parameters on time and on budget.

Brian is adept at navigating 35 U.S.C. 101 subject matter eligibility issues. He has significant, hard-won experience from prosecuting software patent applications, with a strong record of reviving “lost cause” applications in areas like financial services and adtech. Brian has successfully gotten many of his applications facing subject matter eligibility challenges allowed during prosecution and appeal.

Brian is also a co-inventor of Polsinelli’s PatentCAD tool, which uses natural language processing to streamline patent application drafting with greater quality and consistency — offering features tailored to the realities of modern patent work.

Outside the office, Brian follows emerging tech, especially across GenAI, AR/VR and crypto. In the physical world, most of Brian’s non-work time is spent hiking, biking, running, playing basketball, skiing and camping with his wife and daughters.

Education

  • Oxford University, Saïd Business School (M.B.A., 2013)
    • University of New Hampshire Franklin Pierce School of Law (J.D., 2006)
      • Brown University (B.S., 2001)
        • Biology

      Bar Admission

      • California, 2010
      • Texas, 2008
      • Admitted to practice before the United States Patent and Trademark Office, 2006

      Court Admissions

      • U.S. Court of Appeals, Federal Circuit

      Recognition

      • Selected for inclusion in the IAM Patent 1000 list of the World's Leading Patent Practitioners, 2023-2025, DC Metro - Recommended Prosecution
      Publications
      In-House Influence Podcast
      Welcome to In-House Influence, a podcast that features interviews with some of the nation’s most influential in-house counsel. In-House Influence is a proud partnership between Polsinelli’s Washington, D.C., Office and the Association of Corporate Counsel National Capital Region. In-House Influence features interviews on the 'how' behind each guest's path toward leadership – with a focus on their youth during the ages of 7-17. Each podcast, divided into 10-minute sections, highlights four different trailblazers in the legal community from various industries, including government contractors, health care, real estate, technology, and financial services. Guests reflect on hardships, mentorship and early life decisions that helped mold them into the leaders they are today. Since 2016, our audience has been listening and learning about different journeys
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      USPTO Announces New Artificial Intelligence Strategy
      Synopsis: On January 14, 2025, the USPTO unveiled a new Artificial Intelligence (AI) Strategy, which outlines responsible implementation of AI within the agency and more generally across the intellectual property (IP) landscape.  The strategy furthers the USPTO’s vision and identifies five focus areas specifically for AI, each of which have their own set of executable actions. This is the first effort to provide an outline of challenges and goals for utilizing AI and encouraging adoption and innovation in AI related fields. The AI strategy demonstrates the USPTO’s recognition of the importance of AI, including its role in the development of AI and plans for leveraging the benefits of AI. AI has the potential to disrupt many different technical fields. There is also
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