Meet Andrew Berks

Andrew Berks is a patent attorney at Fresh IP, a modern IP law boutique focused on supporting emerging deep tech companies, by helping 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. He has significant experience in pharmaceuticals, life sciences, and chemical arts, and has 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).

Meet Andy's Team

Services

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Patent Strategy & Counseling

Plan

What patent protection is best for my business? Develop a plan for US and International patent protection.

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Patent Prosecution

Protect

We draft and prosecute patent application in the US and other countries. We handle all aspects of USPTO practice.

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Opinions & Enforcement

Monetize

We negotiate and draft IP license agreements. We prepare opinions, including freedom-to-operate, infringement, and validity opinions. Patent enforcement actions.

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Industries

We provide biotech patent law, chemistry patent law and medical device patent law to a broad array of clients, including established large/midsize corporate clients, small corporate clients, entrepreneurs, startups, universities and other academic institutions.

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Biotechnology

We are experts in life sciences, genetic technologies, DNA, and proteins. Andrew has a Ph.D. in organic chemistry and many years of experience in the pharmaceutical industry, engaging in product development typically involving an understanding of underlying molecular biology mechanisms. We now represent universities and private enterprise in inventions directed to nucleic acid chemistry, genetics, protein chemistry, cell biology, enzymology, and related topics.

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Pharmaceuticals

We have years of experience in the pharmaceutical industry, including small molecules, new uses for old molecules, formulations, and Hatch-Waxman counseling and opinions. Pharmaceutical industry patenting is a core technology of ours. Andrew has a Ph.D. in organic chemistry and many years of experience in the pharmaceutical industry in a product development and patent searching role. This includes experience with both innovator companies and generics. We are experts in small molecules, methods of treatment, pharmaceutical formulations, new uses for old molecules, and Hatch-Waxman (generic drugs) counseling, Orange Book reviews, and opinions. Look to us to understand the technology and the law in this space.

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Medical Devices

We have significant experience in medical devices, including inhalation technologies, visualization technologies, and orthopedics. Medical devices typically blend mechanical features, electronics features, and some kind of mechanical element for the treatment of disease or another therapeutic purpose. Some of the areas we have been involved in include inhalation therapies, orthopedics, drug delivery systems, visualization technologies, diagnostic devices, and stents, to name a few.

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Chemistry

Andrew has a Ph.D. in chemistry. It’s a core expertise. We have handled cases in basic chemical technologies, polymers, adhesives, and consumer products. Andrew has a Ph.D. in chemistry and speaks your language and understands your technology. You can rely on us for expert advice and patent skill. Some of the areas we have worked in include cleaning chemicals, thermoset adhesives, and plastics, to name a few.

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Consumer Products

Consumer products frequently involve other core areas for us, including chemistry and mechanical devices. We have successfully prosecuted many such patents. Products often range from low-tech to high-tech, and frequently involve other core areas for us, including chemistry and mechanical devices. We have successfully prosecuted many such patents, including cleansers, household mechanical gadgets, and water treatment devices, to name a few.

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Engineering

We have significant experience in mechanical inventions. Many of our clients come to us with mechanical inventions, ranging from simple household gadgets to complex industrial equipment. With our technical skill, we can quickly and efficiently handle these issues.

Why Choose Us?

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:.

Analytics

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.

Responsiveness

We are highly responsive, responding to emails and phone calls in promptly. Our standard is to respond to client communications within a few hours.

Client Orientation

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.

Eight Mistakes That
Can Sink Your Invention

Security

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.

Practice Management

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.

What People Say

Your work on this has put it in a good position strategically based on the trajectory I saw with the crystallization engineering patent. I hope it makes it across the finish line on this submission. If not, I believe we’re poised to succeed thereafter. Thanks again for your hard and efficient work on this.

~ J. G.

This was a fantastic application you put together. I was so taken aback by all the information, and the clearness of it. Thank you very much again for that.”

~ R. C.

Thank you once again for your guidance and support over the course of the […] program. This has been a great learning experience for us, and you have been one of the single most relevant mentors who has helped us steer through the complex challenges of getting our startup off the ground. I look forward to seeing you at the next event and catch up about our next steps.

~ M. S.

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Blog

Obviousness in Three Minutes

by berksiplaw | Jan 18, 2021

https://vimeo.com/501518264 Hi, I’m Andrew Berks, a US patent attorney, and I want to explain in 3 minutes what obviousness is, and how we address obviousness arguments from patent examiners, and how obviousness can even help you. One of the basic concepts of the...

What to Do If You Are Sued for Patent Infringement

by berksiplaw | Jun 11, 2020

I’m Andy Berks, patent attorney. I’m going to talk briefly today about what to do if you get sued for patent infringement. This is something that could happen to anyone working in any kind of product development or manufacturing, or even...

What You Need to Know About the Written Description Requirement in Patents

by berksiplaw | Jun 1, 2020

I’m Andy Berks, patent attorney. Today I’m going to tell you about the written description requirement and why its important. The written description requirement is a substantive requirement of patentability that essentially requires that...