Patent Law in New York

As an inventor, you can relate to the saying that “genius is one percent inspiration and ninety-nine percent perspiration”. Well, this saying can also apply to the patent process. Being first to invent or first to file does not guarantee patent security or success. You need to have a deep understanding of the legalities involved in the patent process. Discover how hiring a New York State patent attorney can give you the best chance of rewarding your hard work and sweat with a secured patent.

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 from something for which you hold the patent.

The USPTO Eastern Regional Outreach Office (EROO) serves the Eastern United States, including New York State. EROO is based in the USPTO headquarters in Virginia. In addition, New York State inventors have access to the Patent and Trademark Resource Centers in Albany, Buffalo, New York City, Rochester, and Smithtown.

What Are the Types of Patents?

There are three different types of patents inventors can apply for. Each patent has specific 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 inventors often file a provisional patent first, which is 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 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

The process of applying for a patent in 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.

NYC Business Solutions recommends starting the application process with a patent search to see what ideas like your idea have already been patented. If you proceed to apply for a patent, keep in mind the application is a complex, legal document. Some of the items you will need to submit include prior research, disclosure of any research conducted with another party, drawings, and a detailed description of the invention. You will also need to sign a declaration that you are the original inventor.

Filing a patent application with the USPTO gives you the right to claim “patent pending” status on your product. However, your product can be copied legally until the date you are awarded a patent. Hiring an experienced New York State patent attorney will help streamline the patent application process and help ensure your success.

When Should I Hire an Experienced 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. They 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.

Once you secure a patent for your invention, an experienced New York patent attorney can help you manage, protect, and license it. Additionally, you may also need help with the increasing threat of patent assertion fraud, or patent trolling. Patent trolling is the process of filing a claim of patent infringement against a company or person in bad faith.

According to Syracuse University, New York businesses are not exempt from the attention of patent trolls. In fact, the number of New York companies sued for patent infringement grew 73% between 2006 and 2012. Fortunately, New York’s Attorney General reported a groundbreaking settlement with an abusive patent troll in 2014. This settlement established guidelines to prevent deceptive and exploitative patent assertion conduct.

Work with an Experienced Local Patent Attorney in New York

A patent lawyer provides a great service in assisting with securing and managing your patent. You should meet with an 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!

How It All Works

Call us or answer the questions on this site. Your category, location, and additional information will help us connect you to a legal professional and we’ll send you the results instantly.

Which Areas of Law?

We have attorneys in over 20 legal categories to choose from.

How Much Does This Cost?

We don’t charge you to be connected. Some legal categories require upfront fees while others do not. The legal professional will determine this with you before you commit to anything.