David S. Kim Image

David S. Kim


Stinson, LLP

David Kim is a partner with Stinson. With an entrepreneurial bent and a background in systems engineering and e-commerce, David thrives on helping clients secure and protect their IP rights and manage patent portfolios across a broad range of industries.

David draws on his experience as an IP lawyer to help clients navigate complex legal issues, identify business opportunities, protect their IP and mitigate risk. He advises on IP and technology-related issues across the broad spectrum of litigation and business law, with a focus on obtaining patents for technology, manufacturing and consumer goods companies. A former patent examiner, he offers a unique perspective to strategically direct prosecution to cover competitor products, develop licensing opportunities and strengthen enforceability.

In-house counsel and inventors rely on David to guide them through product design and development, facilitate invention harvesting exercises, and identify whitespace for forward-looking innovations. David also negotiates IP and technology-related agreements, provides technical assistance and performs due diligence to support business needs.

David has extensive experience managing patent portfolios across a broad range of industries, including high-tech, finance, transportation, health care, and sports and recreation.

He has helped clients procure hundreds of patents in the computer, electrical and mechanical arts, including mobile apps, wearable technology, medical devices, and autonomous vehicles. He analyzes invention disclosures, prototypes and commercial products to render opinions on patentability, trademark, freedom-to-operate, infringement and validity.

David was appointed as a 2015 Leadership Council on Legal Diversity Fellow, which identifies high-potential attorneys from diverse backgrounds. LCLD is an organization of more than 220 corporate chief legal officers and attorneys who have dedicated themselves to creating a truly diverse U.S. legal profession.

Further nurturing leadership skills and his commitment to diversity, David mentors through the Capital Innovators program, participates in the Regional Business Council’s Young Professionals Network, Leadership 100, and is active in the National Asian Pacific American Bar Association, including as Central Regional Governor in 2013-2014.

An adjunct professor at Southwestern Illinois College, David teaches an upper-level course on intellectual property. He frequently presents on IP and patent issues, with a focus on emerging technologies such as artificial intelligence.

Recent Articles by David S. Kim

Digging Into the USPTO’s AI Guidance: Adjusting Practices to Capture Human Contribution

As artificial intelligence (AI) systems become increasingly sophisticated and play a greater role in our society, questions surrounding patentability and inventorship have come to the forefront of intellectual property discourse. This is particularly so in the wake of Thaler v. Vidal, 43 F. 4th 1207, 1213 (Fed. Cir. 2022), cert denied, 143 S. Ct. 1783 (2023), in which the Federal Circuit held that “only a natural person can be an inventor, so AI cannot be.” The U.S. Patent and Trademark Office (USPTO) recently issued guidance aimed at addressing these concerns.