Professionals
Practice Areas
- Automotive Practice
- Ex Parte Reexaminations
- Artificial Intelligence Practice
- Patents
- 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
- Electrical Engineering Practice
- Opinions
- Right to Practice Opinions
- Patentability Opinions
- Non-infringement Opinions
- Invalidity Opinions
- IP Transactional
- Licensing
- Post Grant Practice
- Patent Landscaping and Risk Analysis
Technologies
- Artificial Intelligence
- Computer and Systems Engineering
- Computer Science & Software
- Electrical Engineering & Electronics
- Electro-Communications
- Internet & E-Commerce
- Telecommunications
Admissions
- Commonwealth of Kentucky, 2010
- U.S. Patent and Trademark Office, 2011
- State of Georgia, 2015
Education
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 Kincaid is a registered patent attorney specializing in crafting and executing patent strategies for both domestic and international clients, with a particular focus on electrical and computer technologies, including software. His practice lies at the intersection of innovation and legal protection, particularly in areas like artificial intelligence (AI) and machine learning (ML), augmented reality (AR), virtual reality (VR), cloud computing, and other software-related inventions.
He has a proven track record in preparing and prosecuting patent applications for groundbreaking inventions, including:
- Artificial Neural Network Architectures: Algorithms for image and natural language processing across multiple industries
- Reinforcement Learning: Applications for autonomous driving technologies
- Augmented and Virtual Reality: Solutions for 3D data visualization and user feedback systems
- Cloud Computing: Architecture and infrastructure management strategies
David actively contributes to thought leadership in the legal and AI space, serving on committees with the Intellectual Property Owners Association focused on software-related inventions, AI, and other emerging technologies.
Prior to his role at Cantor Colburn, David served as in-house patent counsel at Hewlett-Packard, where he gained invaluable insights into the intricacies of both law firm and corporate environments. This unique experience equips him to guide clients through the invention identification process (patent mining) and to develop cost-effective patent strategies tailored to their business needs.
David works with a diverse range of clients across various sectors, including high-tech, automotive, oil and gas, aerospace, manufacturing, communications, metrology, medical devices, and e-commerce.
Experience Highlights
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
News
- 2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence (AI)
On July 17, 2024, the United States Patent and Trademark Office (“USPTO”) issued the “2024 Guidance Update on Patent Subject Matter Eligibility, including on Artificial Intelligence” (the “Eligibility Guidance”). 89 F.R. 58128 (July 17, 2024). The Eligibility Guidance aids USPTO personnel, patent practitioners, and patent applicants in evaluating subject matter eligibility of patent claims involving artificial intelligence (AI). The USPTO also issued three new examples for applying the Eligibility Guidance to AI inventions during examination, appeal, and post-grant proceedings. Read Cantor Colburn's Client Alert for more information.
On April 11, 2024, the United States Patent and Trademark Office (“USPTO”) issued guidance on the use of artificial intelligence (AI)-based tools in practice before the USPTO (the “Guidance”). 89 Fed. Reg. 25609 (Apr. 11, 2024). Cantor Colburn’s latest Client Alert, USPTO Guidance on the Use of Artificial Intelligence-Based Tools in Practice Before the USPTO, walks through the latest guidance in depth and provides a summary for practitioners.
- 2024
David Kincaid, a partner at Cantor Colburn LLP, is a contributing author for the Intellectual Property Owner’s Association's recently published “AI Patenting Handbook,” a white paper on patenting artificial intelligence inventions.
On February 13, 2024, the USPTO issued inventorship guidance for AI-assisted inventions. The guidance provides information to stakeholders, including patent applicants, practitioners, and examiners, regarding determining inventorship for patents or patent applications for inventions created by humans with the assistance of AI systems. In the Guidance, the USPTO suggests five “guiding principles” that are meant to aid stakeholders in determining whether a natural person’s contribution in an AI-assisted invention is significant, in accordance with the factors set forth in Pannu v. Iolab Corp. The Guidance also discusses other issues related to AI-assisted inventions, including practitioners’ duty of candor and good faith, inventor declarations, and assignments. Along with the Guidance, the USPTO published two examples on inventorship specifically for AI-assisted inventions to aid stakeholders with applying the guiding principles.
- 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.
Events
- November 14, 2024CLE Webinar
David Kincaid, Partner and Co-Chair of the firm's AI Practice Group, will be a panelist at the Strafford CLE webinar, “Protecting Artificial Intelligence-Related Inventions: Patent Eligibility, Written Description, Obviousness” on November 14, 2024, with Alexander Korenberg, Partner, Kilburn & Strode.
- 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.
- December 14, 2021virtual
- 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.
- April 25, 2018Atlanta, Georgia
Cantor Colburn is sponsoring The IP Strategy Summit: Atlanta on April 25, 2018 in Atlanta where Co-Managing Partner Philmore Colburn II will be a featured speaker.
- 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.
Professional Affiliations
Intellectual Property Owners Association (IPO)
- Software Related Inventions Committee
- Artificial Intelligence & New Emerging Technologies Committee