5 Things to Consider When Patenting an Idea in New York
For entrepreneurs and inventors, patenting an idea is the best way to protect it from unauthorized copying3 min read
For entrepreneurs and inventors, patenting an idea is the best way to protect it from unauthorized copying. When you have an idea or invention that you want to protect, patenting it is often the right choice to ensure that you have the legal means to protect it from potential infringement. But when it comes to securing a patent, it's important to understand that the process is not always simple or straightforward. It involves several steps, and there are specific considerations you should make to ensure the process goes as smoothly as possible.
Whether you're based in New York or another state in the U.S., it's important to consider the following five key factors when you're looking to patent an idea.
1. Do Your Research
It's important to take the time to research the idea before you decide to file for a patent. It's worth digging deep to ensure that the invention is really yours, that your invention is actually novel, and that you can demonstrate that it's novel. Additionally, you should ascertain if the invention has any prior art, or some type of existing invention that is similar to the one you've come up with.
This research can be done independently; however, it's often best to work with counsel that understands local regulation in order to ensure that all steps are taken in the filing process.
2. File Provisional Patents Before Final Application
When you've completed your research and are ready to file for a patent, it's often useful to file for a provisional patent before filing your final patent application. This process is useful because it grants you priority when filing, as the filing date is established upon the provisional patent application. Filing the provisional application allows you to use the "patent pending" status, but does not require all of the steps necessary for a full patent filing.
Additionally, filing a provisional patent application will give you more time to continue researching if your invention meets legal requirements—essentially giving you a small "grace period."
3. Choose an Attorney With Experience Working in the Industry
Completing a patent filing can be complex and cumbersome, and one of the best ways to ensure success is to work with experienced attorneys. This is particularly important when obtaining a patent for local New York regulations, as the processes for filing can vary greatly from state-to-state.
When selecting an attorney, look for someone with experience in the industry. Consider both the attorney's skill-set and experience. If possible, try to find someone who has experience working with local New York businesses.
4. Consider the Cost
It's also important to consider the cost associated with patenting an idea. As mentioned, the process can be complicated, and the filing process can involve multiple steps. All of these steps can cost a significant amount of money, and the cost will vary based on the complexity of the patent application.
It's important to consider the different options available to you, as costs can vary depending on the type of attorney you choose and the number of services you'll need. Keep in mind that since patent laws can vary from state to state, it's often beneficial to look for a lawyer who understands local regulations.
5. Sign Non-Disclosure Agreements Whenever Possible
When disclosing your invention to others, it's important to remember to protect yourself through the use of non-disclosure agreements (NDAs). An NDA is a legal document that stipulates that the person or organization you're sharing your invention with are not legally permitted to disclose, copy, or utilize your invention in any way.
This type of agreement protects your rights and ensures that your invention remains yours. Though it is not legally enforceable since it is not a patent, it can still be used as evidence in a court of law and will make it more difficult for any interested party to copy your invention without your permission.
When it comes to patenting an idea in New York, there are a number of factors to consider. It's important to do your research and ensure that all steps are taken when filing your patent. Additionally, it's beneficial to utilize experienced attorneys who understand local regulation, consider the associated costs with the filing process, and sign non-disclosure agreements whenever possible. Following all of these considerations will help ensure that your patent filing process is successful and that your intellectual property is secured.