Defense + Space

Mission-Ready

Intellectual Property (IP) Protection for the Defense & Space Industry

At Banner Witcoff, we don’t just protect your IP – we understand the technology and mission behind it. Our Defense & Space Industry Group combines deep technical expertise with legal precision to safeguard your innovations in defense and space.

• Military-Born Perspective: Our team includes graduates of West Point and the U.S. Air Force Academy, veterans, and retired military officers – giving us an unmatched insight into defense culture, priorities, and protocols.
• Engineer-Attorneys: Our team includes former engineers with hands-on experience designing and developing complex technologies – including:
  • Satellite payloads and control systems
  • Advanced jet engine components for next-generation aircraft (F-35, F-22)
  • High-performance avionics for mission-critical applications
  • Weapon systems and flight controls for F/A-18D and F-15E
  • Cutting edge materials engineered for extreme environments and defense-grade performance
• Dual-Use Expertise: We support clients across broad spectrum of defense and space technologies, providing strategic IP guidance and legal counsel in areas such as:
  • Commercial and government space systems
  • Autonomous vehicles and unmanned systems
  • Artificial intelligence (AI) for defense and surveillance
  • Advanced robotics
  • Military-grade electronics and secure telecommunications
  • Next-generation materials engineered for aerospace performance
  • Cutting-edge quantum computing – ensuring their innovations are protected, compliant, and mission-ready
• Security-Conscious: We design IP strategies that prioritize national security to include:
  • Defense Federal Acquisition Regulation Supplement (DFARS) compliance
  • Protection against adversarial appropriation, and
  • Top secret clearance projects and programs

Our Experience

Our attorneys have hands-on engineering experience at lending defense/aerospace, space, and technology companies, including:

Companies: Raytheon, Collins Aerospace, Lockheed Martin, Pratt & Whitney, United Technologies and Applied Materials
Technologies: Fighter jet propulsion systems (F-35 and F22), radio and satellite electronics, missile and rocket systems, Space Shuttle electronics and satellite systems (flight computers, ignition systems, communication systems), jet engine afterburners, semi conductor fabrication, radar and avionics, auxiliary power units, turbines, and airframes.

We’ve counseled government and commercial clients including U.S. Army and NASA on frontier technologies such as:

• Fusion propulsion, nuclear batteries, ultra-quiet electric systems
• AI-powered defense and surveillance systems
• Cybersecurity and cloud platforms
• Low-altitude autonomous fighters
• Drone delivery and infrastructure

Comprehensive IP Services for Defense & Space

Patent Protection

• U.S. and international patent prosecution
• Strategic patent portfolio development
• Clearance, validity, and infringement opinions
• Negotiating patent rights in government contracts
• Guidance on government use rights and DFARS compliance

Technology Transfer & Licensing

• IP licensing and monetization
• Joint development and government IP agreements
• Support for Small Business Innovation Research (SBIR) / Small Business Technology
• Transfer (STTR) and DoD-funded projects

Dispute Resolution

• Patent and trademark litigation and enforcement
• Inter partes reviews (IPR) and post-grant proceedings
• Trade secret litigation and defense

Trademark and Brand Protection

• U.S. and global trademark prosecution and portfolio management
• Strategic brand counsel in high-stakes high tech environments

Intellectual Property: Key Challenges & Best Practices

Our team helps you overcome key challenges and implement best practices.

Key Challenges

• Patents:
  • Determining patentability amidst complex prior art (e.g., propulsion, avionics, advanced materials).
  • Risk of losing patent rights due to premature public disclosure (e.g., trade shows, SBIR/STTR pitches).
  • Navigating government rights under federal contracts (e.g., Bayh-Dole Act).
• Trademarks:
  • Protecting brand identity in a crowded Defense & Space market.
  • Avoiding brand dilution or disputes with larger competitors.
• Data Rights:
  • Negotiating rights in government contracts (Unlimited, Government Purpose, or Limited/Restricted Rights).
  • Risk of Losing proprietary control by mislabeling data or software.
• Trade Secrets:
  • Protecting proprietary designs without patenting.
  • Guarding against economic espionage, especially in international markets.

Best Practices

• Patents:
  • Use Invention Disclosure Forms (IDFs), conduct prior art searches, and file provisional patents early to secure priority dates.
• Trademarks:
  • Register key brands with the USPTO and monitor for infringement globally.
• Data Rights:
  • Clearly mark technical data/software with appropriate legends (e.g., DFARS 252.227-7013/7014) and negotiate contract clauses.
• Trade Secrets:
  • Implement non-disclosure agreements (NDAs) and robust cybersecurity measures.
• General:
  • Train employees on IP policies and engage counsel for government contract compliance and international filings.

CONTACT US
Please click here to email us for more information about our capabilities in the
Defense + Space industries.