Whitfield & Drake is Silicon Valley's trusted intellectual property counsel — defending the patents, trademarks, and trade secrets that power your competitive edge. From seed-stage startups to Series C ventures, we safeguard innovation at every stage.
From the patent application through final grant — and every enforcement action in between — our practice is built around the full lifecycle of intellectual property protection.
Strategic drafting and prosecution of utility, design, and provisional patent applications before the USPTO and international IP offices under the PCT framework. We work with engineers and inventors to craft claims that maximize protection and withstand PTAB scrutiny.
USPTO · PCT · PTABEnd-to-end trademark clearance, application filing, and maintenance for brand names, logos, and product identifiers across all international classes. We manage opposition proceedings, cancellation actions, and international registrations under the Madrid Protocol.
USPTO · TTAB · Madrid ProtocolAggressive prosecution and defense of trade secret misappropriation claims under the Defend Trade Secrets Act (DTSA) and California Uniform Trade Secrets Act (CUTSA). From TRO motions to full jury trials, we protect your most sensitive proprietary information.
DTSA · CUTSA · N.D. Cal.Holistic portfolio audits, freedom-to-operate opinions, IP due diligence for M&A transactions, and licensing strategy for technology companies. We align your IP assets with long-term business objectives and fundraising milestones to maximize enterprise valuation.
FTO · M&A DD · LicensingFounded in 2009 by Marcus Whitfield and Claire Drake — both formerly of Fenwick & West's IP group — Whitfield & Drake was established on a single conviction: that the best intellectual property counsel doesn't just file papers. It thinks like an engineer, reads the market like a VC, and fights like a litigator when the moment demands it.
Our attorneys hold graduate degrees in computer science, electrical engineering, and biotechnology alongside their JDs. That technical depth means we understand not just the legal landscape, but the inventions themselves — enabling us to draft stronger claims, spot infringement faster, and advise founders with the clarity their investors expect.
From a converted warehouse in SoMa, we serve over 200 active clients ranging from stealth-mode startups to publicly traded technology companies, managing portfolios spanning software patents, industrial design, and biotech trade secrets.
Every attorney holds an advanced STEM degree — we speak your inventors' language fluently.
Flexible engagement models designed around funding stages — from pre-seed capped retainers to full portfolio management agreements.
When your IP is threatened, we move fast — securing TROs, issuing cease and desist letters, and escalating to federal court when necessary.
Our attorneys combine deep technical training with litigation-tested courtroom experience — so your IP strategy is built to hold up in a boardroom and in federal court.
Marcus leads patent prosecution and IP portfolio strategy for the firm's enterprise technology clients. A registered patent attorney with a B.S. in Electrical Engineering from Stanford and J.D. from UC Berkeley School of Law, he spent eight years at Fenwick & West before co-founding Whitfield & Drake. He has prosecuted patents before the USPTO, EPO, and CNIPA across semiconductor, AI, and SaaS technology domains.
Claire manages trademark prosecution, brand counseling, and trade secret litigation for the firm. She holds a B.S. in Computer Science from MIT and her J.D. from Harvard Law School. Claire has successfully litigated trade secret misappropriation cases before the Northern District of California and has represented clients in over 40 TTAB opposition and cancellation proceedings. She is a frequent speaker at the International Trademark Association annual conference.
Rohan focuses on patent prosecution and FTO analysis for clients in the biotechnology, medical device, and AI software sectors. He holds a Ph.D. in Biomedical Engineering from UCSF and his J.D. from Georgetown University Law Center. Prior to joining Whitfield & Drake, Rohan served as in-house IP counsel at a Series B gene-editing startup and has managed prosecution dockets exceeding 300 pending applications in the U.S., EU, and Japan.
"When a former employee walked out with our core algorithm and joined a direct competitor, we called Whitfield & Drake. Within 48 hours, Marcus and Claire had a temporary restraining order in place and the competitor's engineering roadmap halted. They moved with the same urgency we'd expect from our own engineering team. Three months later, we settled for a figure that fully compensated us — and kept our trade secrets exactly where they belong."
"Rohan understood our CRISPR delivery mechanism better than most scientists I've pitched to — and he translated that understanding into a patent application that our lead investor's IP counsel called 'airtight.' We've built an entire licensing program on top of the portfolio Whitfield & Drake has prosecuted for us over the past four years. They're not just our law firm. They're the reason our Series C closed at a $240 million valuation."
Schedule a complimentary 30-minute consultation with one of our IP attorneys. We'll assess your current IP position, identify your most critical risks, and outline a strategy to protect what you've built.