Key Takeaways

  • The USPTO is the central place where to get a patent in the U.S., including New York applicants.
  • Patents protect inventions with different terms depending on the type: utility, design, or plant patents.
  • Inventors can file independently or use registered patent attorneys/agents for greater success.
  • Provisional applications allow "patent pending" status for a year before a full application is needed.
  • New sections explain patent eligibility, important steps before applying, and using the USPTO resources effectively.

How to Get a Patent in New York: Everything You Need to Know

The process for obtaining a patent in the United States is the same no matter what state you live in. Patents are granted by the U.S. Patent and Trademark Office (USPTO).

What Is a Patent?

A patent is a right granted by the USPTO that gives an inventor protection against others making, selling, or using an invention. In the United States, patents last 14 years for design patents and 17 years for utility patents. After a patent expires, any person can sell, manufacture, or use the invention without permission.

Understanding Patent Eligibility

Before you apply for a patent, it's critical to ensure your invention is eligible. According to the USPTO, an invention must be:

  • New: It must not have been publicly disclosed before the application date.
  • Useful: It must perform a useful function.
  • Non-obvious: It must differ in an inventive way from existing products or methods.

Certain ideas are not eligible for patents, such as abstract ideas, natural phenomena, and laws of nature​.

Types of Patents

There are several types of patents. Utility patents are for people who invent or discover a new process, a machine, an object of manufacture, combinations of matter, or any design improvement. Design patents are for people who invent an original, decorative design for an object of manufacture. Plant patents are for those who create or discover and asexually recreate a new kind of plant.

Patent Law

The law grants that an inventor can apply for a patent for:

  • Any original and useful art
  • A machine
  • An object of manufacture
  • A process
  • Compositions of matter
  • Functional improvements on existing devices
  • New types of asexually reproduced plants
  • Any decorative, original design for an object of manufacture

The inventor can get a patent if the invention wasn't known about or used in this country before. The invention cannot have already been patented or described in any form of printed media in the U.S. or any foreign country more than 12 months prior to the patent application date. The invention cannot have an abandoned patent.

Preparing to File: Key Steps

Proper preparation strengthens your patent application. Steps include:

  • Detailed Documentation: Maintain a complete, dated record of the invention process, including sketches, models, and modifications.
  • Patent Search: Conduct a prior art search using USPTO databases and international resources to ensure originality​.
  • Evaluate Commercial Potential: Consider the marketability of the invention to justify the investment in patenting.
  • Consider a Provisional Application: If you're still refining your invention, filing a provisional application provides 12 months of protection while you prepare a full application.

Filing a Patent Without an Attorney

Many people have successfully filed a patent application without the help of an attorney. Usually, a more stringent, detailed patent is granted if a registered patent lawyer or agent helps with the application.

Federal law makes officials at the U.S. Patent and Trademark Office help inventors applying for patents. To get a patent, inventors must ensure that their invention qualifies for a patent, and they must also describe every detail of their invention.

Protecting Inventions During Creation

During creation and design, inventors protect their inventions by doing the following:

  • Record all aspects of the invention
  • Write down every step taken during creation
  • Describe each aspect in writing and diagrams
  • Record little changes made to the invention, including how ideas came to be
  • Build a prototype and test it; document both
  • Date and sign each record; have two witnesses do the same

Keeping detailed records helps protect inventions in case someone tries to steal it, and it makes the application process easier.

Protecting Inventions Before a Patent Is Granted

Because of detailed record keeping, it's easy to file a Disclosure Document with the USPTO. These are inexpensive. Inventors should send in two copies of their Disclosure Document, so one copy is sent back once it's dated and numbered. Disclosures stay confidential for two years unless the patent application gets filed. If there's no application, the documents get destroyed.

Provisional patent applications (PPA) are not patent applications; they are applications for protection of patent rights until the patent is granted. Filing a PPA is cheaper, simpler, and quicker than filing for a regular patent. A PPA allows inventors to claim an invention as "patent pending."

Filing for a PPA requires the following:

  • Fees ranging from $65 to $260
  • Description of how the invention works
  • Simple diagrams of the invention

A PPA keeps the invention protected for only one year. Inventors must apply for a regular patent before the 12-month period is up. A PPA allows inventors to develop their invention further and evaluate their market before embarking on the full patent journey.

Search for Patents

Every inventor must complete an in-depth patent search, also known as a "search of prior art," to ensure their invention is original. Inventors must research all previous inventions in their field. Inventors can search for previous patents through these channels:

  • United States patents
  • Patents in foreign countries
  • Technical, trade, and scientific journals
  • The internet
  • A Patent and Trademark Depository Library

The USPTO obtains copies of every U.S. patent and files of most foreign patents. Inventors will find volumes of technical, trade, and scientific journals at the USPTO. Public libraries in larger cities will have U.S. patent copies. Inventors should use Google's patent search (google.com/patents).

Since inventors know the most about their inventions, they are the best people to start the research. Inventors will find similar inventions, but they'll know the differences and can easily describe the differences.

To guarantee a patent search is accurate and high-quality, it's best to hire a patent lawyer or agent. Agents should be registered with the U.S. Patent Office.

How to Use USPTO Resources for Your Patent Search

When determining where to get a patent, the USPTO website is an invaluable tool. Inventors can:

  • Access the USPTO Patent Full-Text and Image Database (PatFT) for granted patents.
  • Use the Patent Application Full-Text and Image Database (AppFT) to view pending applications.
  • Utilize Public Patent Application Information Retrieval (PAIR) for real-time status tracking of patent applications.
  • Visit Patent and Trademark Resource Centers (PTRCs), where staff are trained to help with patent searches​.

Accessing these resources ensures you conduct a thorough search and understand the application process.

Regular Patent Application

Once a regular patent application (RPA) is approved, protection lasts for 14 to 20 years. To file for an RPA, inventors must:

  • Demonstrate the invention's manufacturing process
  • Explain how the invention is unique
  • Explain what invention parts need to be patented and why

The RPA process takes quite a bit more time than a PPA because the USPTO completes an extensive examination of the invention. Inventors can expect to spend about $1,500 to file. This doesn't include fees for a patent lawyer or any professional patent diagrams.

Patent applications have several parts including:

  • An identification
  • Filing fee
  • An oath
  • Diagrams when possible

The identification must be in writing and include a description of an invention that concludes with claims indicating what the inventor thinks is his invention. Diagrams must meet Patent Office standards and rules. The Patent Office can make diagrams for no fee when facilities exist. The office does expect that inventors will include their personal, formal diagrams most of the time. Once the application is finished, the Patent Office gives the application a serial number and a filing date. These indicate the application is accepted for examination.

About Patent Attorneys and Agents

Inventors can find patent professionals by using the directory published by the U.S. Patent Office titled "Attorneys and Agents Registered to Practice Before the U.S. Patent Office." If a lawyer or an agent isn't registered, he or she cannot represent an inventor during an application. Patent law groups have listings of lawyers and agents, and most patent lawyers and agents can be found in local phone books.

The U.S. Patent Office doesn't control fees charged by patent lawyers and agents. Many charge based on the time spent on preparing, filing, and managing an application. Total fees depend on the type of invention and complexity of managing after the Patent Office finishes the examination.

Filing Methods: Electronic, Paper, or Through an Attorney

You can submit your patent application through various channels:

  • Electronic Filing (EFS-Web or Patent Center): The preferred method through the USPTO’s secure online portals​.
  • Paper Filing: Physical applications are accepted but require an additional non-electronic filing fee.
  • Through a Patent Attorney or Agent: Professionals registered with the USPTO can submit on your behalf, ensuring higher-quality filings.

The USPTO strongly encourages using the electronic filing system for faster processing and better tracking​.

Frequently Asked Questions

  1. Where do I go to apply for a patent?
    You must apply through the United States Patent and Trademark Office (USPTO), either online via their Patent Center, by mail, or with the help of a registered attorney or agent.
  2. Can I file a patent application without an attorney?
    Yes, but using a registered patent attorney or agent often increases the chance of approval due to the complexity of patent law.
  3. What makes an invention eligible for a patent?
    The invention must be new, useful, and non-obvious. Abstract ideas, natural phenomena, and laws of nature are not patentable.
  4. How long does it take to get a patent?
    The USPTO examination process typically takes 18 to 24 months but can vary depending on the complexity of the invention.
  5. How much does it cost to file for a patent?
    Filing fees range from around $65 for small entities to several hundred dollars for standard applications, not including attorney or agent fees if used.

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