Aerospace

Common Intellectual Property Challenges

The aerospace industry pushes boundaries with each launch, flight, and breakthrough. Whether developing next-gen aircraft systems or integrating AI for autonomous control, companies across the sector rely heavily on proprietary designs and cutting-edge technology. These advancements fuel market growth and introduce new challenges in safeguarding intellectual property.

Increased reliance on AI, data-driven systems, and real-time monitoring has created a complex mix of technical intellectual property, software copyrights, and trade secrets. Cybersecurity vulnerabilities further expose businesses to theft and sabotage, while a fragmented global regulatory landscape makes consistent enforcement difficult. Without planning, even minor missteps in intellectual property protection can lead to lost market share, litigation, or exposure of critical systems.

How We Can Help

Brooks Kushman supports aerospace developers, suppliers, and manufacturers with proactive intellectual property strategies that protect innovation and align with industry needs. Our aerospace intellectual property attorneys assist with patents, licensing agreements, trademarks, and dispute resolution, specially tailored to technologies operating in air, space, or high-risk environments.

Our legal team collaborates closely with engineers, in-house counsel, and R&D teams to ensure that ideas are appropriately documented, protected globally, and defended when challenged. We don’t just file paperwork—we help you anticipate risk, structure your rights, and maintain control over the innovations driving your company forward.

Why Partner With Us?

For over 40 years, Brooks Kushman has been at the forefront of intellectual property law, combining legal precision with real-world technical expertise. Our firm has filed thousands of patents across mechanical, electrical, and software disciplines—many of which support the aerospace and defense sectors.

Our aerospace intellectual property lawyers are deeply familiar with the engineering principles, design protocols, and regulatory challenges specific to this field. We understand how to craft enforceable patents that reflect innovation and application. We also have extensive experience with international filings and export-sensitive technologies, helping clients confidently navigate dual-use restrictions and national security reviews.

Key IP Considerations for Aerospace

Regulatory and Lifecycle Complexity

Aerospace innovation is subject to some of the most rigorous regulatory frameworks in the world. New technologies often require extensive validation, certification, and testing before they are cleared for use in aircraft or defense systems. These long development and approval cycles demand IP strategies that align with product timelines and protect value through the full lifecycle. Our team helps clients secure early protection and adapt their portfolios to reflect design iterations, compliance needs, and aftermarket opportunities.

Dual-Use Technologies and Export Compliance

Many aerospace innovations have both civilian and military applications, which can raise export control concerns under regulations like ITAR and EAR. IP protection must be handled in coordination with compliance and government contracts teams to avoid missteps that could restrict commercialization. We work with clients to develop filing and disclosure strategies that support both innovation and compliance with national and international regulations.

Trade Secrets for Proprietary Methods and Designs

In aerospace, competitive advantages often lie in manufacturing techniques, material compositions, or aerodynamic designs that may not be easily patentable. Trade secret protection is especially important for proprietary processes that are difficult to reverse engineer but central to performance, weight reduction, or cost savings. We help clients identify what to protect as a trade secret, implement robust confidentiality controls, and develop supply chain agreements that reduce the risk of misappropriation.

Collaborative Development and IP Ownership

Most aerospace projects involve collaboration between OEMs, Tier 1 and Tier 2 suppliers, universities, and sometimes government agencies. Determining who owns what, and under what terms technology can be used or licensed, is essential to avoiding disputes. We support clients in structuring joint development agreements, licensing deals, and supplier contracts that clarify IP ownership, protect proprietary input, and allow for flexibility in future product development.

Freedom to Operate and Competitive Intelligence

The aerospace industry is dense with IP, and many leading technologies are protected by overlapping patent families across the globe. Before introducing new systems or components, companies need to assess the risk of infringement. We conduct detailed freedom-to-operate (FTO) reviews and landscape analyses to help our clients make informed decisions and avoid costly legal challenges.

Global Protection Strategy

Aerospace is a global industry, with development, manufacturing, and deployment often taking place across several countries. We work with clients to build international filing strategies that account for jurisdictional differences in patent scope, enforcement, and subject matter eligibility. Our attorneys manage global portfolios and collaborate with trusted foreign counsel to ensure protection in key markets, including Europe, China, Japan, and South Korea.

Embedded Software and Autonomous Systems

Modern aerospace systems depend heavily on software to support autonomous flight controls, navigation, propulsion management, and cybersecurity. Protecting these innovations requires a hybrid IP strategy that includes software patents, copyright, and trade secret protection. We help clients evaluate and protect the code, algorithms, and data systems embedded in their platforms, while considering compliance and interoperability across different systems and jurisdictions.

Specialty Practice Areas

• Aircraft Engine Systems
• Aircraft Navigation Systems
• Aircraft Performance Monitoring Systems
• Buoyancy Controls
• Command & Control Systems
• Drones
• Fluid Control Valves
• Obstacle Avoidance Systems
• Rotary-Wing Aircraft
• Turbojet & Turboprop Engines
• Unmanned Aerial Vehicles

Protecting aerospace innovation requires more than technical expertise—it requires a legal strategy backed by a deep understanding of the industry. Brooks Kushman helps clients navigate that path with clarity and discipline.