Maria S. Swiatek

Maria Swiatek is a partner in Nixon Peabody’s Patents practice group. She focuses her practice on intellectual property counseling and transactions for high technology and life sciences companies. Drawing on her prior in-house experience, she takes a pragmatic, business focused approach.

What do you focus on?

I provide strategic intellectual property counseling to clients with emphasis on competitive analysis, patent portfolio development, licensing, M&A due diligence and infringement matters. Key areas of concentration include: material science, semiconductors, chemical formulations and processes, LEDs, telecommunications, software, energy, medical devices, tissue engineering and biophotonics.

Intellectual Property Strategy

I help clients envision the big picture and align protection of their IP with their business goals. I work with clients to develop robust IP strategies, which may incorporate multiple forms of protection and activity, including patents, trade secrets, copyrights, trademarks, IP ownership terms in third-party agreements, identification, acquisition or license of key third-party IP assets, enforcement of IP rights and freedom to operate analysis.

Patent Prosecution

I focus on a portfolio approach to patent prosecution and work with clients to help them obtain commercially valuable patents in a changing patent law landscape. I also counsel clients regarding enforcement of their patent rights and assist clients in post issuance proceedings.


I work with clients to structure and execute complex IP transactions. I help clients draft and negotiate many types of IP agreements, including patent, software and technology license agreements, End User License agreements, authorized manufacturing agreements, joint development agreements, IP purchase agreements and IP due diligence in connection with M&A activity. Patent rights are now harder to obtain and are more easily challenged and lost.

What do you see on the horizon?

I believe that companies will focus on devising strategies, both offensive and defensive, to address such challenges and uncertainty.


Maria S. Swiatek


San Francisco

Phone: 415-984-8262

University of the Pacific, McGeorge School of Law, J.D., with distinction

California Polytechnic State University, Pomona, B.S.


U.S. Patent and Trademark Office

Member, California Bar Association
Member, American Intellectual Property Law Association
Member, American Chemical Society
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