Overview

Patrick Darno’s practice is focused on patent prosecution, client counseling, and post-grant matters across a variety of diverse technologies that include software, 5G communications, and bioinformatics. 

Patrick has significant experience working with companies of all sizes to assist clients in building a patent portfolio. His experience ranges from servicing the patent prosecution needs of Fortune 100 companies with an established patent practice to counseling startups on how to create a patent program from the ground up to protect their most important inventions. Patrick has years of experience in obtaining patents across a diverse set of technologies that include software, artificial intelligence (AI), machine learning, large-language models (LLM), 5G communications, databases, search engines, cloud computing, web services, e-commerce, internet-based applications, mobile applications, identity verification, digital rights management, file management, database management, data retention policies, data integrity, network management, load balancing, data structures, electronic messaging, financial transactions, and other types of business methods. 

In recent years, Patrick has focused his practice on the intersection of computer technology and life sciences. During this time, he has prepared and prosecuted patent applications related to primary, secondary, and tertiary analysis of genomic data produced by next-generation sequencing machines such as those produced by Illumina Inc. In addition, Patrick has gained substantial experience preparing and prosecuting patent applications in other bioinformatics-related technologies, including the digital therapeutics technology space. A routine part of Patrick’s practice in the bioinformatics technology space includes advising clients on prosecution strategies that can be used to prepare and prosecute patent applications that will survive subject matter patent eligibility challenges at the U.S. Patent and Trademark Office (USPTO) under 35 U.S.C. § 101. 

In addition to his prosecution and counseling practice, Patrick works with clients to prepare and file post-grant challenges at the USPTO. In this capacity, Patrick has worked on more than 18 different post-grant challenges before the Patent Trial and Appeal Board (PTAB). The vast majority of these post-grant challenges have been inter partes review (IPR) challenges on behalf of petitioners in technologies that include 5G communications, aerial imaging, self-driving car technology, home network security systems, communications systems using constellations, and compound bows. In addition, Patrick has experience assisting with the preparation of requests for ex parte reexamination. 

Prior to joining Fish, Patrick’s previous legal work included both patent litigation and patent prosecution as an associate at a general practice law firm, and he also worked as a patent examiner at the USPTO, where he handled patent applications in the fields of database, data structures, and file management. 

Patrick also dedicates his time to pro bono causes. For several years, he provided pro bono patent prosecution services to an inventor who, at the age of 14, created an innovative technology to fight cyberbullying on social media networks. The technology has since been used in over 1,500 schools around the world. 

*Admitted only in Virginia. Not admitted to practice in Washington, D.C. Work conducted in Washington, D.C., is directly supervised by a member of the Washington, D.C., bar or is limited to U.S. federal courts or agencies listed in admissions or otherwise authorized by law.