Ryan Phelan Image

Ryan Phelan


Marshall, Gerstein & Borun LLP

Ryan N. Phelan is a registered patent attorney at Marshall, Gerstein & Borun LLP, where counsels and works with clients in all areas of intellectual property (IP), with a focus on patents. Clients enjoy Ryan’s business-focused approach to IP. With a MBA from Northwestern’s Kellogg School of Management, Ryan works with clients to achieve their business objectives, including developing and protecting their innovations and businesses with IP.

Ryan routinely helps clients with:

  • Preparing and prosecuting high-quality patent applications, and developing strategic patent portfolios for innovative products and services, including in the U.S. and foreign jurisdictions (e.g., Europe, China, and Japan).
  • Preparing legal opinions as to the patentability, non-infringement, validity, and/or freedom-to-operate of innovative products or services.
  • Litigating IP related issues to protect client market share from competitors and defend clients from IP lawsuits against competitors or non-practicing patent entities.

As a former technology consultant with Accenture and with a background in computer science and engineering, Ryan has extensive experience in computer system, hardware, and software design, engineering, development and related technologies. He represents numerous startup and Fortune 500 clients with patent matters in technical areas and industries including artificial intelligence and machine learning, medical devices, biometrics data and services, virtual reality, imaging, internet and e-commerce, computer networking, data storage and management, encryption and security, mobile telecommunications, consumer electronics, insurance and finance applications, mechanical devices, among others.

Ryan has been published in several well-known IP publications including the World Intellectual Property ReviewBloomberg Law, and IP Litigator, and has spoken as a panelist at various IP conferences, including for the International Intellectual Property Law Association (IIPLA)and for the University of Illinois Chicago Annual IP Conference. Ryan’s recent article titled Artificial Intelligence & the Intellectual Property Landscape details how artificial intelligence is reshaping the business and intellectual property landscape.

Ryan is also an adjunct professor at Northwestern University’s Pritzker School of Law where he teaches coursework on Patenting Software Inventions, with a focus on patent subject matter eligibility dealing with procuring software and computer related patents in view of 35 U.S.C. § 101 and the U.S. Supreme Court’s decision in Alice Corp. v. CLS Bank International, 573 U.S. 208 (2014).

Ryan has been rated by Super Lawyers® and Leading LawyersSM as a Rising Star and peer selected Emerging Lawyer, respectively, for years 2019 through 2020. Since 2021, Ryan has been named a Leading Lawyer.

Recent Articles by Ryan Phelan

Protecting COVID-19-Related Software Innovations

The United States Patent and Trademark Office (USPTO) recently announced the COVID-19 Prioritized Examination Pilot Program, under which the USPTO will advance certain patent applications related to COVID-19 “out of turn,” resulting in prioritized examination for qualifying applications. Under this program, the USPTO reportedly aims to provide final disposition of qualifying applications within one year of the filing date, meaning that a final office action or notice of allowance will be mailed (or a notice of appeal will be filed) during this shortened one year timeframe. For comparison, it typically takes the USPTO roughly 16 months from the filing of an application to mail a first office action.

Past Events with Ryan Phelan

Artificial Intelligence Masters™ 2023

March 7 @ 8:00 am - March 8 @ 1:00 pm EST