Patent Law in Rochester, NY

Rochester innovators have created everything from the Kodak camera to contact lenses!

According to TechRochester, the city has been a hub of innovation since its earliest days. Are you ready to add your name to this competitive crowd of inventors?

Achieving this goal without legal assistance can be a difficult task. Find out more about the challenges and what a patent attorney from Rochester can do for you starting 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.

Local inventors can utilize the Rochester Patent and Trademark Resource Center for their research. It’s also worth noting that the USPTO headquarters schedules one-on-one consultations.

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

Rochester, 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 Rochester NY

The process of applying for a patent in Rochester, 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.

At its core, the patent life cycle consists of five phases. Inventors in Rochester will have to navigate the following successfully:

• Studying related patents through a USPTO database

• Devising an application strategy

• Giving payment for the fees and filing the necessary documents

• Navigating the examination process

• Maintaining the intellectual property

While these stages may seem straightforward, the Code of Federal Regulations has many complexities. Moreover, it can take the familiarity a patent attorney has to get through unscathed.

When Should I Hire a Qualified Rochester, 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 Rochester 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.

Entrepreneurs in Rochester also have to remain proactive about protecting their intellectual property. While you have an exclusive right to the patent, civil redress can require going through the courts. Winning your case will usually end with the defendant paying your legal fees in addition to court-ordered damages.

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

A patent attorney provides a great service in assisting with securing and managing your patent. You should meet with a qualified Rochester 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!