Andy's approach to his practice is to first understand his client's entire business structure and their long term objectives and then economically perfom the work necessary to best achieve those ends. 

In litigation, rather than pursuing every possible tenuous position -- which increases the costs and may undermine credibility with the court -- Andy will identify and then vigorously pursue the critical issues that are in dispute.  Using this technique, he has sucessfully resolved numerous matters for a fraction of the typical costs of patent litigation.  When strategically appropriate, his patent background enables him to identify and raise every possible defense to an infringement claim.          

In addition to his intellectual property work, many of Andy's clients use him in a general counsel capacity where he provides counseling and advice relating to employment contracts, commercial disputes, employee terminations, non-compete agreements, non-disclosure agreements (NDAs), confidentiality agreements, raising capital, technology transfer agreements,  employee manuals, operating agreements, patent and trademark licensing agreements and corporate governance matters. 

FREQUENTLY ASKED QUESTIONS

1. How much does it cost to prepare and file a patent application.

The total costs of preparing and filing a utility patent application with the Patent and Trademark Office typically ranges from about $4,000 to more than $20,000.  The actual costs will depend on the length and complexity of the invention disclosure. 

It is possible to file a provisional patent application for a few hundred dollars.

The filing fees for a utility patent application are approximately $800.00 (for a small entity) and the issue fee is currently $755.00 (small entity).  In addition, there are patent drawing costs that run between $50.00 and $100.00 per page depending on the complexity of the invention.  After the issuance of the patent, there are also periodic maintenance fees to keep the patent in force and effect. 

Please contact me if you would like an estimate for your invention.

2. How much does a federal trademark application cost?

Expect to pay between $650.00 to $800.00 in total fees to prepare and file a basic trademark application that covers one class of goods.  This estimate includes a government fee that may range from $225.00 to $275.00 and a preliminary search of the records of the U.S Trademark Office for possible interfering applications or registrations.  

3.  Why should I file a trademark application?

A federal trademark registration enhances common law rights that are acquired by use of the mark.  The existence of a registration also provides constructive notice to others of your rights to the mark, can be used to base a claim of infringement and can help serve to insulate you from infringement claims by others.   

4. What is the difference between the use of TM, SM and ®. 

The use of TM and SM designations indicates that the user claims a trademark or service mark right to the respective name or logo. These claims may not have been recognized by the U.S Trademark Office.  Often people will claim trademark rights to marks that are not eligible for protection due to being descriptive, laudatory or generic to the products or services provided in association with the mark.

The® symbol  reflects that a federal registration has issued for the mark.   

5. Do you take cases on a contingency basis?

I have litigated cases on a contingency basis in the past.  Please contact me if you would like me to assess your claim.    

Biography  

Andy Aitken was born in the District of Columbia and grew up in the Maryland suburbs in Bethesda.  He currently lives in Silver Spring with his wife Melissa and his four sons.

Andy graduated from Loyola College and Catholic University law School.

Admissions:

Maryland

US District Court for Maryland

District of Columbia

US District Court for the District of Columbia

U.S Court of Appeals for The Federal Circuit

U.S. Court of Appeals for the 4th Circuit

U.S.  Court of Appeals for the 6th Circuit

U.S. Patent and Trademark Office

Andy coaches youth soccer and basketball and serves on the Board of a youth athletic organization.  He enjoys golf and cycling.