Patent Law in Buffalo, NY

Did you know that the pacemaker, daycare centers, and the first cancer-only laboratory came from Buffalo? Upstate New York is clearly a region that has made significant contributions to our daily lives. Are you prepared to add your creation to this legacy?

Applying for a patent can jumpstart your plans. Moreover, it can prevent others from profiting from your hard work, sweat, and intellectual property. However, the application process can stymie even the most brilliant minds. Find out how legal counsel can make sense of this ordeal and add value in this article today.

What Is a Patent?

Patent law covers the many aspects of securing a patent. There are many legalities to understand, from copyrighting products and advertising, to the Lanham Act. Basically, a patent is a legal protection you secure through the U.S. Patent and Trademark Office, (USPTO), under intellectual property laws. A patent guarantees the exclusive right to use your intellectual property. It also helps enforce that no other person can make or profit off of something for which you have a patent.

There are state resources available to anyone who sets out on this journey. For example, the Buffalo and Erie County Public Library has a Patent and Trademark Resource Center.

What Are the Types of Patents?

There are three different types of patents inventors can apply for. Each patent has stipulations and serves a different purpose.

  • Utility Patent – This is the most common type of patent. It is for new machines, processes/functions, and chemicals.
  • Design Patent – These patents are for securing a unique and new design of a manufactured item. Design patents protect from entities trying to capitalize on an invention by replicating and producing it.
  • Plant Patent – These types of patents are specifically for the invention of new plant varieties. The process must include asexual reproduction, meaning by means other than seeds.

What Can You Patent?

In reality, not everything you create qualifies for patenting. There are only certain types of intellectual property that fall under patent protection. Other intellectual property rights cover different creations. Here is a look at the types of inventions you can patent.

  • Process – Also referred to as a method, this is a new way of doing something. 
  • Machine – This is any material thing or device that has some sort of output, whether functionality or physical object.
  • Manufacture – This is the creation of a physical object.
  • Composition of matter – This is a mixture of chemical or biological compounds to create something new.

You can apply for a patent for whichever new device, method, or compound you create by applying to the USPTO. Once they accept your patent application and approve it, you have exclusivity rights to the invention for the next 20 years. However, a design patent period lasts for 14 years.

Difference Between a Provisional and Non-Provisional Patent

Buffalo, NY inventors often file a provisional patent first, which is like a way of buying time to finalize an invention. Provisional patents last for a year, and the application process is simple. Once you file a provisional patent, you have exactly a year to convert it to a non-provisional patent. The latter is just another name for the formal and final patent.

How to Apply for a Patent in Buffalo NY

The process of applying for a patent in Buffalo, New York is complex and detailed. You must meet all the requirements and submit every required piece of documentation to secure your patent. You must file your application with the USPTO.

Before you start completing forms, research and prep work needs to happen. For example, the USPTO stresses that you need to focus on patentability first. This step involves researching existing patents, and it can take an experienced eye to make this determination. As a result, there’s an advantage to having a patent attorney from Buffalo who handles this process every day.

Once you’ve met with legal counsel and have a game plan, you’ll need to handle the other elements. Illustrations, specifications, and claims about what your invention will do need to be cohesive. Otherwise, your interactions with a government examiner can be more stressful than necessary. At worst, you can end up having to apply a second time and still receive a rejection.

When Should I Hire a Qualified Buffalo, New York Patent Lawyer?

There are multiple reasons to hire a patent attorney. If you want the assurance of having someone acting on your behalf, then Buffalo patent law lawyers can help you. He or she can assist with every step of the filing process and ensure that you include all the required information. Additionally, they may be able to guide you when it comes to navigating consumer laws, as well as help you avoid false advertising. This can prove especially valuable if you are trying to merge, or transform your invention into a business.

If nothing else, a patent attorney can give you peace of mind about your invention’s patentability. As reported by Investopedia, a significant part of their job involves arguing that intellectual property is valid. Accordingly, they can rely on their experience to give you a clear-eyed expectation of your chances.

Furthermore, inventors in Buffalo may need an attorney to defend their patents from infringement. As a result, your legal counsel can add significant value by identifying copycats early. Since the legal system can move slowly, it’s critical to find this activity early and act on it swiftly.

Work with an Experienced Local Patent Attorney in Buffalo, New York

A patent attorney provides a great service in assisting with securing and managing your patent. You should meet with a qualified Buffalo attorney to discuss how he or she can help you. We can even help you connect with an attorney across New York state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!

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