How Long Do Patents Last in New York?
Understanding Laws and Regulations: A Key to Successful Entrepreneurship in New York4 min read
When running a business in New York, understanding the intricacies of the laws and regulations is a critical step in becoming a successful entrepreneur. Especially if you plan to develop a new intellectual property (IP) invention, understanding the parameters surrounding patent filing and expiration in New York can help you protect the IP rights for your product or service. To protect your innovative IP ideas, it is important to know how long a patent lasts in the state of New York.
In New York, patents last for 20 years after you file them. This may seem like a long time, but it takes several years before your patent is officially registered. After filing a patent, there’s a lengthy process that includes getting approval from the US Patent and Trademark Office (USPTO) and other entities before your patent is officially registered.
Before diving into the process of filing a patent in New York, it’s important to understand other possible IP protection options for your invention besides a patent. These options, such as a trademark or copyright, may be more appropriate for a different type of invention or may be easier to obtain than a patent. Understanding the available IP protection options in New York and their respective timeframes is essential for protecting your IP invention.
What Is a Patent in New York?
A patent is a set of exclusive rights granted by the U.S. government for a new invention. To obtain a patent for your invention, you must show that it is “novel, useful, and non-obvious.” Since the purpose of a patent is to protect the inventor’s exclusive rights to an invention, it is important to know how long the patent will last in order to protect your invention for the full term.
In the U.S., patents generally last for 20 years from the date of filing. In New York, this is the same time frame that is followed. This means that, once you file a patent, you will have exclusive rights to your invention for 20 years. After this period, the patent will expire and the invention will enter the public domain.
It is important to note that the patent no longer has effect once it enters the public domain. This means that any competitors or other businesses can now have access to the invention. Therefore, to avoid having your invention enter the public domain before the full period of 20 years has expired, you must pay all of your patent’s maintenance fees before the expiration date.
How to File a Patent in New York
The process of filing a patent in New York is relatively straightforward. The first step is to submit a formal Request for a Patent to the U.S. Patent and Trademark Office, or USPTO. This request includes a description of the invention and any drawings that may be necessary for a clear understanding. The USPTO then evaluates the application to make sure it meets the criteria for a patent.
Once the USPTO has approved your patent application, they will issue a “patent grant”. This document officially recognizes you as the inventor and grants you exclusive rights to your invention for a period of 20 years.
It is important to note that this process may take some time to complete. Depending on the complexity of the invention, it could take up to a year or more to receive a patent grant from the USPTO. Additionally, after the patent is granted, there are ongoing maintenance fees that must be paid in order to maintain the patent.
Other IP Protection Options in New York
While patents are the most widely known form of IP protection, they are not the only option for protecting your invention. It is important to consider other available options if they better suit your invention. Knowing the different types of IP protection in New York and their respective timeframes can help you make an informed decision when seeking to protect your invention.
For example, a trademark can be a more appropriate option if you are looking to protect the name or logo of a product or service. Trademarks apply to the branding side of your business and last for 10 years, with the trademark renewing after each 10-year period.
Alternatively, a copyright can protect the actual creative work you have created, such as a book, play, or software code. Copyrights are set to last for the life of the author plus an additional 70 years.
The Exact Length of a Patent in New York
A patent in New York lasts for 20 years from the date that you file for the patent. However, this timeframe is contingent on maintaining the proper maintenance fees over the course of the 20 years. Patents are a complicated form of IP protection, so it is important to have a comprehensive understanding of the process and timeframes in order to properly protect your invention.
In addition to understanding the length of a patent in New York, it’s important to also understand which other forms of IP protection are available to you and their respective timeframes. This information can help you determine which IP protection is most appropriate for your invention.