In the modern business landscape, design patents are becoming increasingly important for companies hoping to safeguard their intellectual property rights. If your business is based in the state of New York, you likely have a number of questions regarding the process of receiving a design patent. Before you even begin to seek out legal counsel, it is important to familiarize yourself with the ins and outs of design patent law. In this article, we present the five most important things to consider with regards to design patents in the state of New York.

1. Get Clear Definition On What Should Be Covered

The first step in requesting a design patent in New York is to gain a clear understanding of what is contained in a patent application. The legal definition of a design patent is quite broad and includes any physical component of a product that gives the product a unique appearance. When preparing a design patent application, you should include information on the product’s size and shape, colors, materials, and any ornamental features associated with the product’s design. As the applicant, you must also provide accurate drawings that accurately depict the product’s design.

2. Determine What Is New and Original

When seeking a design patent in New York, you must be able to demonstrate to the U.S. Patent and Trademark Office that your design includes features that are both new and original. While comparing your design to any existing patents is important, it is also important to prove that your design is different from designs for products that have been in the marketplace for more than one year. If your design appears to be similar to other products, your application will likely be rejected.

3. Check for Patentability

In order for a design patent to be approved in New York, the USPTO must find that it satisfies the criteria for patentability. The criteria for patentability include that the product is novel, useful, and non-obvious. It is up to the applicant to prove that their design satisfies all three criteria. If a design lacks any of these elements, it may be ruled unpatentable.

4. Investigate Other Protections

In addition to patent protection, there are other legal protections available in the state of New York. For example, there are copyright laws that can be used to protect a design, as well as trademark laws that can be used to protect the product’s name or logo. It is important to investigate these other forms of protection in order to maximize the protection of your design.

5. Seek Professional Legal Assistance

The most important thing to consider when seeking a design patent in the state of New York is to seek the advice of a professional lawyer who specializes in intellectual property law. It is important to find a lawyer who is knowledgeable about the latest changes to design patent law, as well as one who is familiar with local regulations. Local counsel can provide invaluable guidance and support throughout the patent application process.


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