Our practice is all about advancing innovation, helping you get the best possible intellectual property protection for your new inventions, processes or products. Our specialty is cost-effective patent counsel that stands up to challenges.
We have significant experience counseling clients, developing patent strategies, and evaluating legal issues in biotechnology, pharmaceuticals, medical devices, engineering, chemical arts and consumer products . Our services include patent prosecution, patent litigation, drafting and negotiating and drafting licenses and research agreements, patent opinion work, bio-similars, patent appeals (PTAB practice), and Hatch-Waxman practice (generic drug paragraph IV strategies and notice letters).
Andrew Berks is the principal of Berks IP Law. We help our clients obtain and enforce patent rights. Understanding client needs and business objectives is a critical factor that sets us apart from other patent attorneys.
Andrew’s technical background is in chemistry. I have significant experience in pharmaceuticals, life sciences, and chemical arts, but we have successfully prosecuted matters in all patent subject areas.
Andrew is licensed in New York, New Jersey, the United States Patent and Trademark Office, the United States Federal Courts and the courts in New York and New Jersey. Andrew holds a Ph.D. in Chemistry from the University of Colorado (1988) and a J.D. from Fordham Law School (2007).
Patent Strategy & Counseling
Opinions & Enforcement
Clients choose to work with us because of our competence, responsiveness, and client orientation.
Working with us gives clients the security of knowing that a team of highly competent attorneys is working on their matter that have done this hundreds of times before. We are highly responsive, responding to emails and phone calls promptly (we strive for a four hour (max) response time during business hours). We also are careful to understand client goals and needs. This can include budget needs and strategic needs. With our spectrum of technical and interpersonal skills, our clients are assured of the highest quality service and outcome. Our attributes in our everyday work include:.
Working with us gives clients the security of knowing that a team of highly competent attorneys is working on their matter that have done this hundreds of times before.
We employ a number of advanced tools, including premium search engines and data sources that track patent examiner and litigation performance. This allows us to better track behavior of patent examiners and courts and formulate winning arguments.
We understand client goals and needs. This includes budget needs and strategic needs. With our spectrum of technical and interpersonal skills, our clients are assured of the highest quality service and outcome.
We are highly responsive, responding to emails and phone calls in promptly, always within a few hours.
We use the latest technology including secure cloud services and features such as multi-factor authentication whenever possible. Our data files are stored in state-of-the-art online repositories and backed up offline on redundant storage devices.
We use modern efficiency tools such as web-based time-keeping apps, project management, docketing, and financial reporting apps. Our clients communicate with us by email, voice call, text messaging, Skype, WhatsApp, and similar services.
A problem-solution approach to patent drafting and prosecution very clearly lays out the problem being solved by the invention. Arguments that the invention is better, more efficient, less expensive, faster, and easier to use than the prior art are important, but all follow from a clear statement of the problem being solved. Our analysis of of recent allowances in biotech arts suggests that this problem-solution approach is more likely to result in a patent allowance.read more
The written description requirement mandates that all elements in the claims need to be described and discussed the specification. Not doing this is a common mistake by DIY inventors. Failure to do this will be picked up very quickly by examiners, and can lead to invalidation down the road. Look to us to get this key aspect of patent prosecution right the first time.read more
Clients often struggle the perseverance required to get a patent issued. Good patent attorneys can anticipate many examiner objections but often getting an issued patent requires significant resources and several rounds of office actions and responses.read more
Berks IP Law • 85 Broad St, 17th Floor • New York NY 10004 • +1-646-797-2952