Nick Breska

/My focus

My practice spans the full prosecution lifecycle—from patent mining and invention disclosure through claim strategy, office action responses, and appeals—for clients ranging from individual inventors to large technology companies. I have particular experience in machine learning architectures, neural networks, and AI accelerators, including developing prosecution strategies for clients facing significant subject matter eligibility challenges under 35 U.S.C. § 101. That work has given me a detailed understanding of how to build claims that hold up both at the USPTO and, further down the line, in litigation.

My engineering background is integral to how I work. I engage directly with inventors—often at the level of architecture and implementation details—and I have conducted patent mining workshops with engineering teams to identify and structure protectable innovations that might otherwise go unfiled. I find that process genuinely collaborative, and it often surfaces the most commercially important IP a client has.

I also bring perspective from my experience supporting patent litigation matters, which has shaped how I think about prosecution strategy. Decisions made during prosecution have long tails, and keeping enforceability in view from the outset is something I prioritize with every client and portfolio.

/Representative experience

Includes experience from prior firms.

• Counseled enterprise and emerging technology clients on patent portfolio development and prosecution strategy in artificial intelligence, machine learning, data storage and security, and image and signal processing
• Developed successful prosecution strategies for a high-volume client facing significant 35 U.S.C. § 101 challenges across a portfolio of AI and machine learning applications
• Advised technology clients on IP monetization strategy and patent portfolio risk mitigation
• Helped achieve a top ten patent firm rating nationwide for several years in USPTO Tech Centers 2100 and 2600, as ranked by Juristat based on prosecution performance and allowance rates

/Looking ahead

The rapid integration of AI-generated products will pose challenges in determining who qualifies as an “inventor” with ownership rights, creating significant chain-of-title risks for clients from unassigned inventorship.