- Ex Parte Reexaminations
- Utility, Design, and Plant Patent Filing with the USPTO
- Foreign & PCT Patent Filing
- Product Clearance
- Expedited Patent Examination
- Strategic IP Portfolio Development and Management
- Computer Science Practice
- Artificial Intelligence Practice
- Electrical Engineering Practice
- Right to Practice Opinions
- Patentability Opinions
- Non-infringement Opinions
- Invalidity Opinions
- IP Transactional
- Post Grant Practice
- Patent Landscaping and Risk Analysis
- Artificial Intelligence
- Computer and Systems Engineering
- Computer Science & Software
- Electrical Engineering & Electronics
- Internet & E-Commerce
- Commonwealth of Kentucky, 2010
- U.S. Patent and Trademark Office, 2011
- State of Georgia, 2015
University of Louisville Louis D. Brandeis School of Law, JD, 2010
Florida Institute of Technology, B.S. Computer Engineering, cum laude, 2006
David K. Kincaid
David’s practice concentrates on assisting clients in solving intellectual property problems and protecting their investments in product development. David assists clients in developing domestic and foreign patent preparation and prosecution strategies with a focus on electrical and computer-related technologies. David has significant experience protecting inventions related to or incorporating artificial intelligence (AI), augmented reality (AR), virtual reality (VR), cloud computing, and other emerging technologies. For example, David has prepared and prosecuted applications about: artificial neural network architectures and algorithms for image processing, natural language processing, and the like across various industries; reinforcement learning for autonomous driving; AR for 3D data visualization; VR user feedback systems; and cloud architecture and infrastructure management systems. David is engaged in thought leadership in the AI technology space being active in the Intellectual Property Owners Association committees on Software Related Inventions and AI & New Emerging Technologies.
Prior to joining Cantor Colburn, David was in-house patent counsel at Hewlett-Packard where he supported the HP servers business unit. His law firm and in-house experiences allow David to guide clients in identifying inventions and cost effectively managing their portfolios to protect their business. David is experienced in assisting both large and small clients that span diverse industries including high-tech, automotive, oil and gas, aerospace, manufacturing, communications, metrology, and e-commerce.
In addition to his patent procurement practice, David drafts opinions and advises clients about issues of patentability, invalidity, non-infringement, and product clearance. David’s background in computer engineering provides a deep understanding of software issues, which has enabled him to advise clients about software licensing including evaluating complex open-source software issues.
Partner, Cantor Colburn LLP, 2022-present
Counsel, Cantor Colburn LLP, 2019-2021
Associate, Cantor Colburn LLP, 2015-2018
Patent Counsel, Hewlett-Packard Co., 2013-2015
Associate, Taylor English Duma, L.L.P., 2011-2013, 2015
Associate, Valenti Hanley & Robinson, P.L.L.C., 2010-2011
- IPLS ProceedingsJanuary 19, 2023
Michelle Ciotola, Nancy Kennedy, and David Kincaid's article, "Blockchain, Cryptocurrency and NFTs: Metaverse Technologies in US Trademark Applications," appears in IPLS Proceedings, a publication of the State Bar of Michigan's IP Section.
- NFTs, Cryptocurrency & the Metaverse Supplement, The Trademark Lawyer MagazineNovember 1, 2022
"Enforcement in the Metaverse," by Michelle Ciotola and David Kincaid is published in The Trademark Lawyer Magazine's special supplement, NFTs, Cryptology & the Metaverse, November 2022. Michelle chairs the firm's Trademark & Copyright Practice Group and David co-chairs the firm's Artificial Intelligence Practice Group.
- The Trademark LawyerIssue 2, 2022
Cantor Colburn Partners Michelle Ciotola and David Kincaid evaluate the expectations for how the USPTO will handle IP due diligence for NFTs - an exciting, if not emerging, technology, in their article, "Don't forget the NFTs: IP due diligence for emerging technologies," published in The Trademark Lawyer Magazine, Issue 2, 2022. Read it here.
- February 28, 2022
The Intellectual Property Organization (IPO) published the white paper, "Protecting Inventions Relating to Artificial Intelligence: Best Practices," written by members of its Software-Related Inventions Committee and the Artificial Intelligence & New Emerging Technologies Committee. Cantor Colburn partner David Kincaid serves on both committees; he co-chairs Cantor Colburn's Artificial Intelligence Practice Group.
- December 7, 2021
- December 19, 2018
- September 19, 2022Los Angeles
David Kincaid, Partner and Co-Chair of the firm's AI Practice Group, will be a panelist at the session, “Protecting AI-Related Inventions: Best Practices and Impacts on Life Sciences and Software Related Technologies” on September 19, 2022 at the 2022 Intellectual Property Owners (IPO) Annual Meeting. The conference take place on September 18-20, 2022 in Los Angeles.
- September 18, 2022Los Angeles, California
The 2022 Intellectual Property Owners (IPO) Annual Meeting takes place September 18-20, 2022, in Los Angeles.
- Protecting Artificial Intelligence-Related Inventions: Patent Eligibility, Written Description, ObviousnessSeptember 15, 2022
David Kincaid will be a panelist for the live webinar "Protecting Artificial Intelligence-Related Inventions: Patent Eligibility, Written Description, Obviousness" on October 19, 2022 from 1:00-2:30pm EDT, presented by Strafford. This CLE presentation includes interactive questions and answers and will guide patent counsel on protecting AI-related inventions. The panel will discuss recent court decisions and the patenting process related to AI, including best practices for preparing and prosecuting AI-related inventions in the U.S. and Europe. David is is Co-Chair of the firm's Artificial Intelligence Practice Group.
- June 29, 2022virtual
Presented by the U.S. Patent and Trademark Office, the AI and Emerging Technologies Partnership Inaugural Stakeholder Meeting will explore important patent policy issues impacted by AI and emerging technologies.
- June 15, 2022virtual
Cantor Colburn is pleased to sponsor the AIPLA 2022 Electronic and Computer Patent Law Virtual Summit on June 15-16, 2022.
- May 18, 2022
Partner David Kincaid will attend AI IP on May 18-19, 2022. David has significant experience protecting inventions related to or incorporating artificial intelligence (AI), augmented reality (AR), virtual reality (VR), cloud computing, and other emerging technologies.
- December 14, 2021
Counsel David Kincaid will attend the Software and AI Industry Review 2021, taking place December 14, 2021. Discussion topics include pivotal changes within software and AI, reviewing key events from the past 12 months and what these mean for the IP community, and likely trends in the software industry in 2022.
- October 29, 2019Atlanta
Cantor Colburn, a Premier Sponsor of the Georgia State University College of Law Intellectual Property Program, is pleased to support The Annual Corporate IP Institute®, presented by the university's College of Law and the J. Mack Robinson College of Business, and the Atlanta Bar Association Intellectual Property Law Section.
- May 9, 2019Atlanta
The Georgia Intellectual Property Alliance presents the 15th Annual IP Hot Topics Luncheon, "The Future of Autonomous Vehicles & Luxurious Mobility" on May 9, 2019, in Atlanta.
- October 22, 2018Atlanta, Georgia
Cantor Colburn, a Premier Sponsor of the Georgia State University College of Law Intellectual Property Program, is pleased to support The Annual Corporate IP Institute®, presented by the university's College of Law and the J. Mack Robinson College of Business, and the Atlanta Bar Association Intellectual Property Law Section. This collaboration is for the educational benefit of corporations interested in maximizing the value of their intellectual property assets. The annual two-day annual event is held at the Georgia State University Student Center, October 22-23, 2018.
- October 3, 2018Atlanta, Georgia
David Kincaid will attend the Southern Automotive Conference held in Atlanta, Georgia, October 3-5, 2018.
- June 14, 2018
Cantor Colburn is proud to be a returning sponsor of the 6th Annual Beer Tasting & BBQ Battle, a collaborative effort of Atlanta Legal Aid Society and Atlanta Volunteer Lawyers Foundation to raise funds – and awareness – to support critical programs administered by each organization in the Atlanta area. It takes place on June 14, 2018 at Park Tavern in Atlanta.
- April 25, 2018Atlanta, Georgia
- March 23, 2018New York City
Cantor Colburn is proud to sponsor the New York Intellectual Property Law Association's 96th Annual Dinner in Honor of the Federal Judiciary on March 23, 2018. The firm is a longtime sponsor of the Judges' Dinner.
- November 8, 2017Atlanta, Georgia
Cantor Colburn, a Premier Sponsor of the Georgia State University College of Law Intellectual Property Program, is pleased to support The 11th Annual Corporate IP Institute®.
- April 1, 2016New York, New York
Cantor Colburn is proud to sponsor the New York Intellectual Property Law Association's 94th Annual Dinner in Honor of the Federal Judiciary on April 1, 2016. The firm is a longtime sponsor of the "Judges' Dinner" event.
- October 27, 2015Atlanta, Georgia
Cantor Colburn is pleased to sponsor The Corporate IP Institute®, presented by the Georgia State University College of Law and the J. Mack Robinson College of Business. This collaboration is for the educational benefit of corporations interested in maximizing the value of their intellectual property assets. The annual two-day annual event is held at the Georgia State University Student Center, on October 27 & 28, 2015.
Intellectual Property Owners Association (IPO)
- Software Related Inventions Committee
- Artificial Intelligence & New Emerging Technologies Committee