Patent Law in Syracuse, NY

Did you know we can thank inventors from Rochester for synthetic penicillin, serrated knives, and traffic lights?

The application process can take years to complete. However, getting intellectual property in your portfolio can bring tremendous benefits. You may even spark a new industry that puts the city on the map for innovation again!

Novice applicants will find the essentials they need to understand in this article. Those with intellectual property may find critical reasons to engage with a patent attorney.

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.

Innovators from Syracuse can schedule a consultation about applications with the USPTO. Additionally, the Patent and Trademark Resource Center in Rochester can help with research.

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

Syracuse, 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 Syracuse NY

The process of applying for a patent in Syracuse, 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.

Applying for patent protection requires setting up an Electronic Filing System account. However, there is plenty of preparation that should happen before completing forms.

The first step for any inventor from Syracuse is to compare other patents to their invention. This process will involve combing through USPTO databases. But, an accurate assessment of its novelty can take the experience of a patent attorney to judge properly.

Once you have belief in the patentability of your concept, you can move on to the next steps:

  • Selecting between a design, utility, or plant patent
  • Considering what is the best strategy for the process
  • Submitting an online application with fees
  • Working with an examiner to fix problems like omissions or outright mistakes

When Should I Hire a Qualified Syracuse, 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 Syracuse 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.

Based on reporting by U.S. News, patent trolling has become a growing concern for small business owners. Essentially, several companies have bought heaps of patents to file infringement lawsuits. Syracuse entrepreneurs that face this challenge should schedule a consultation with a patent attorney.

Alternatively, patent infringement is a genuine concern for growing companies. It can take the vigilance of legal counsel to prevent others from copying your success in Syracuse.

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

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