Patent Law in New York, NY
According to Secret NYC, the city is home to several life essentials that we can take for granted today. After all, where would we be without cell phones, toilet paper, or credit cards?
Setting your place in New York City innovator history will involve a long, complicated, and potentially expensive process. Find out why hiring an attorney can alleviate your concerns or protect your existing intellectual property below!
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.
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
New York, 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 New York NY
The process of applying for a patent in New York, 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.
However, inventors in New York City should consider reviewing the laws and regulations before filling out forms. In particular, it’s critical to focus on ensuring an invention meets the criteria. It’s up to the applicant to demonstrate that their innovation is novel, unobvious, and useful.
A critical way to have confidence in patentability is to research a current patent database. It can take the experienced eye of a patent attorney to complete this task to the satisfaction of a government examiner.
Next, the process overview from the USPTO states that inventors should follow up with the following:
- Considering what patent application strategy will fit their goals
- Preparing the necessary documents, paying fees, and sending complete documentation
- Responding to notes from an examiner about omissions, errors, or other problems
When Should I Hire a Qualified New York, 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 New York 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.
On the other hand, defending your intellectual property against transgressions in New York can be a challenge. This unfortunate fact has resulted in patent infringement abatement insurance under current law.
In some cases, businesses have better results having an attorney dedicated to this cause. They can identify issues in the marketplace and take mitigating actions as soon as possible.
Work with an Experienced Local Patent Attorney in New York, New York
A patent attorney provides a great service in assisting with securing and managing your patent. You should meet with a qualified New York 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!