How Long Does a Patent Last in New York?
The Vitality of Knowing Patent Lengths in New York for an Executive3 min read
As an executive of a successful company, understanding the exact details of how long a patent lasts in the state of New York is important for protection of intellectual property, for validating effective measures for obtaining patents, and navigating patent regulations for compliant business operations. Patents offer exclusive rights on an invention or scientific discovery for a certain period of time, providing protection from reproduction, use, or sale of the invention without permission of the patent holder. Length and process of obtaining and renewing a patent can vary accordingly to the type of patent and local laws, as well as based on the jurisdiction the application is filed in. To effectively navigate patent laws in New York, comprehensive knowledge of regulations and understanding of experienced business lawyers is necessary for determination of the longevity of a patent.
Patent regulations in New York are regulated by both federal and local law. According to the United States Patent and Trademark Office (USPTO), patents that are filed in the United States are granted by the federal government and they enable inventors to own exclusive rights to make, use, and sell their inventions for a specific period of time. Utility patents, which covers a new and useful process, machine, article of manufacture, or improvement of any device, are valid for a period of 20 years from the date the patent application is filed. If a patent is filed on an invention by a co-inventor, these rights are available for the 20-year period granted to the co-inventor(s) who filed the patent. Design patents are also available in New York and are granted by USPTO as well. Design patents, which protect the design of a functional item, are valid for a period of 14 years from the date the patent is granted.
In addition to federal patents, New York also offers State patents from the New York State Department of State Division of Corporations, State Records and UCC. The length of a State Patent is valid for 17 years from the date the patent is granted and does not cover any changes or improvements made by the patent holder or any company that acquires the rights to the patent. It should also be noted that State patents do not apply to any products or entities outside off the state of New York.
In order to successfully obtain and understand the longevity of a patent in New York, working with a knowledgeable business lawyer is important. Local attorneys with experience in patent and intellectual property law can provide an advantage when navigating the complexities of filing, acquiring, and maintaining patents, as well as determining the procedure for licensing, transferring, and enforcing patents. Experienced counsel understands the specifics of patent regulations and territorial jurisdictions, therefore helping to ensure the most effective protection of patents that are issued in New York.
The duration and process of obtaining a patent in the state of New York is contingent upon an individual’s understanding of both federal and local law. Utility patents are valid for 20 years, design patents for 14 years, and state patents for 17 years. Working with an experienced business lawyer is ideal for understand the complexity of patent regulations in New York, evaluating and navigating the specifics of patents applications and renewals for protection of intellectual property, and implementing the necessary measures for compliance and enforcement.