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By Richard Gearhart
Founding Partner

David Postolski, a senior partner at Gearhart Law, is a registered patent attorney and Intellectual property (IP) attorney. David specializes in assisting inventors, creators, artists, start-ups, entrepreneurs, early-stage companies, and emerging companies with their U.S and international IP strategy, protection, enforcement, and monetization.

  • David is a frequent speaker and author on emerging IP issues and technologies. Raising capital, business formation, licensing, and equity-based crowdfunding are his strengths
  • Professor at Temple University, Parsons School of Design and the Radzyner Law School (Herzliya, Israel) where he teaches master-level students about IP, ethics, and other regulatory considerations
  • David is a current Council Member of the American Bar Association Section of Intellectual Property Law, founder of their International Action Group, and editor of their monthly newsletter, and the outgoing Continuing Legal Education (CLE) Officer
  • David currently serves on Harvard’s Lemann Entrepreneurial Program Advisory Board

David remains very involved in New York State’s first federally approved patent pro bono program in collaboration with Volunteer Lawyers for the Arts.


David has been practicing IP law for over 17 years. In those years, he has:

  • Prosecuted patent and trademark applications domestically and internationally
  • Managing patent and trademark portfolios, advising clients on prosecution strategies, drafting replies to office actions and appeals briefs, and conducting interviews with examiners
  • Prepared instructions to foreign associates regarding prosecution in various countries and evaluates IP portfolios for potential licensing value, technical merit, and patentability/validity
  • Experienced in copyright, trade secret protection, and corporate transactional matters, including drafting and negotiating end-user licenses, master service and terms of services agreements, security agreements, coexistence agreements, and non-disclosure agreements
  • Life Sciences counseling, drafting, and prosecuting U.S. and foreign patent applications in the fields of food science, chemistry, biochemistry, physics, and chemical engineering
  • Prosecuted applications in thermodynamics, thermometry, paramagnetism, hyperpolarization, carbon dioxide emissions and effects, medical devices, healthcare products, and pharmaceuticals

His experience extends to the corresponding branding, trademark, business, and corporate side of intellectual property. This includes drafting and negotiating licenses, product development, manufacturing, supply chain and launch, FDA processes, ANDA procedures, and consumer product safety commission processes.

About the Author
Richard Gearhart, Esq. is the founder of Gearhart Law and the host of a weekly radio show for entrepreneurs called “Passage to Profit”. He has built a firm with an international presence that helps entrepreneurs from around the world with their patent, trademark and copyright needs. Richard commands a breadth of experience that comes from nearly 30 years of practice in the writing and prosecution of hundreds of patents, and in all aspects of Intellectual Property law. In 2022, Richard was recognized by ROI New Jersey as a 2022 ROI Influencer in the Law List category for being one of the best of the best in New Jersey for intellectual property law. Gearhart Law emerged from Richard’s passion for entrepreneurship and startups and his belief that entrepreneurship grows the economy and creates jobs. When we started Gearhart Law, our goal was to help and support the new business ventures of 500 entrepreneurs and inventors. After 12 years, the firm has far surpassed this goal; today, we look forward to helping even more inventors and entrepreneurs get off to a great start and reach their own goals.