Meet the IP Professional: Emilio Berkenwald – Bringing a European patent practice model to Argentina

Emilio Berkenwald is Partner and Head of the Patent Department at BERKEN IP in Argentina, where he leads a technically trained team handling substantive patent drafting and prosecution work. With a background in engineering, research and teaching, Emilio brings a European-style approach to patent practice, focused on technical depth, strategy and international collaboration.

Quick profile

• Name: Emilio Berkenwald

• Role: Partner, Head of the Patent Department

• Firm: BERKEN IP

• Location: Buenos Aires, Argentina

• Areas of expertise: Patent drafting and prosecution, cross-border patent strategy, technically complex inventions, patent infringement and validity opinions, freedom-to-operate analyses, patent litigation counselling, IP training and education
  

A technical foundation shaped early on

Emilio’s route into patent law was shaped by both family influence and technical curiosity. Trained initially as a chemical engineer, he went on to complete a PhD in engineering before studying intellectual property law in Europe, including formal training in France.

Growing up in a household where patents were a regular topic of conversation — with a chemical engineer mother and a lawyer father — gave Emilio early exposure to the intersection between technology and law. While it didn’t immediately appeal, that combination later proved compelling, particularly as he recognised the opportunity patents offered to work internationally, learn continuously, and engage deeply with innovation and new technologies.

Leading the patent function at BERKEN IP

As Head of the Patent Department at BERKEN IP, Emilio oversees all patent-related work at the firm. His role spans team leadership, technical supervision, strategic decision-making, and client communication, including the preparation of patent infringement and freedom-to-operate opinions, as well as strategic counselling in patent litigation matters, acting as the main interface between inventors, foreign associates and the firm’s legal and paralegal internal team.

Day to day, his focus is firmly technical. He works closely with the firm’s patent attorneys on drafting applications, responding to office actions, and shaping prosecution strategies and cooperates with the firm’s legal team specialised in technology contracts, litigation and enforcement. Administrative and formalities work is handled by a specialised team, allowing the technical team to concentrate on substantive patent matters. Emilio also remains hands-on with his own cases, often reserving quieter periods of the day to work directly on complex files that require deeper technical attention.

A European-style approach in a Latin American context

One of the defining features of Emilio’s practice is his deliberate adoption of a European-style patent model within the Argentine system. While Argentina’s patent law itself draws heavily from European traditions, much of the local market is dominated by incoming foreign filings, with limited emphasis on drafting or strategic development.

Many firms, Emilio explains, are lawyer-led and focus primarily on procedural prosecution. By contrast, BERKEN IP has built a team of engineers and scientists who are trained to engage directly with inventors, draft applications from scratch, and think strategically about claim scope and future amendments.

This approach allows the firm to work closely with Argentine innovators from the earliest stages of development, rather than only entering the process once an application already exists.

Why technical training matters more than ever

For Emilio, strong technical training is fundamental to good patent work. It builds trust with clients, particularly inventors, who want reassurance that their ideas are fully understood and accurately represented.

As technologies become more complex and prior art landscapes more crowded, that technical grounding becomes even more critical. Patentability increasingly turns on small but meaningful distinctions, especially for incremental innovations. Understanding those distinctions — and how to defend them — requires more than legal knowledge alone.

Emilio also believes it is generally easier to teach patent law to engineers than to teach advanced engineering concepts to lawyers, particularly in a system where obtaining a technical degree can be lengthy and demanding.

Training the next generation of patent attorneys

Emilio personally oversees much of the in-house training at BERKEN IP. New technical team members begin with a broad grounding in intellectual property law, covering patents, trade marks and designs, to ensure they understand the wider IP context and client needs.

From there, training becomes increasingly patent-specific. Topics such as novelty, inventive step and priority are explored through real examples and practical exercises, encouraging critical thinking rather than rote learning.

This mirrors Emilio’s approach to teaching at university, where he focuses on helping students learn to develop critical thinking and to how to ask the right questions — a skill he sees as essential for both researchers and patent attorneys.

Adding value across borders

BERKEN IP’s technical approach also strengthens its relationships with foreign clients and associates. Having experience drafting applications themselves allows Emilio and his team to engage more meaningfully with prosecution strategies, suggest technically sound amendments, and adapt arguments across jurisdictions. This technical depth also supports the preparation of infringement, validity and freedom-to-operate opinions, and provides a solid foundation for advising on patent disputes and litigation strategies.

Their familiarity with practices in Europe, the US and elsewhere enables them to explain where Argentine requirements differ — and where flexibility exists — helping clients navigate cross-border portfolios more efficiently, both in prosecution and in litigation contexts.

By carrying out much of the technical work locally, the firm is also able to manage costs more effectively for Argentine clients while maintaining international standards.

Academia, communication and clarity

Alongside his legal practice, Emilio has maintained a long-standing academic role, teaching engineering subjects at the university. His research background helps him understand the pressures researchers face, particularly around publishing and timing patent filings.

This dual perspective allows him to act as a bridge between inventors and business stakeholders, balancing scientific urgency with legal protection. It has also shaped his communication style — something clients frequently remark on — enabling him to explain complex patent systems in clear, accessible terms.

An international outlook

Active involvement in the global IP community is central to Emilio’s work. He regularly attends international conferences and participates in professional committees, seeing this as essential both for staying current and for building trusted working relationships.

For a firm based in Argentina, this global engagement also signals reliability to overseas clients, many of whom rely on BERKEN IP to coordinate filings across Latin America and beyond.

Life beyond IP

Outside the office, Emilio enjoys travelling, often extending work trips to explore new cities. Languages are another passion, and he is currently learning Mandarin, both for the challenge and the cultural insight it offers.

Music plays a significant role in his life. A trained violinist, Emilio continues to play for pleasure, finding it a welcome contrast to the technical demands of patent work. His partner is a professional classical pianist, and performing or listening to music together provides a creative outlet beyond the legal world.

Looking ahead

Emilio believes the Argentine patent profession is likely to evolve towards a more technically focused model, particularly as startups and inventor-led companies become more prominent and seek international protection.

For engineers and scientists considering a move into patent law, his advice is clear: technical skills are essential, but legal training, communication, client-oriented service, teamwork and curiosity matter just as much.

Connect with Emilio Berkenwald

Emilio Berkenwald, Partner and Head of the Patent Department

Email Emilio: eberkenwald@berkenip.com

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About BERKEN IP

BERKEN IP is a Buenos Aires-based intellectual property law firm specialising in patents, technology, and business. The firm provides comprehensive IP services across prosecution, legal affairs, and patent intelligence, supporting clients in protecting, managing, and strategically developing their IP assets. With a strong interdisciplinary team and particular expertise in biotechnology, chemistry, and pharmaceuticals, BERKEN IP advises a diverse client base ranging from global corporations to research institutions and technology-driven start-ups.

Learn more at: https://berkenip.com/en/

About PatWorld Ltd

PatWorld is a specialist intellectual property search firm based in the UK, providing expert patent, design, and trade mark searching services worldwide. With a strong focus on accuracy, insight, and practical support, PatWorld assists IP professionals, law firms, and organisations in making informed IP decisions.

Learn more at: https://www.patworld.com

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