How to Get Started on Patent Pending in New York
Getting started on patent pending in New York can feel like an overwhelming process3 min read
Getting started on patent pending in New York can feel like an overwhelming process. With the right information and support, however, protecting your intellectual property can be simpler. Understanding the patent process and becoming familiar with local rules can help you develop a robust strategy for defending your inventions. UpCounsel helps simplify your patenting journey, putting experienced attorneys with specialized knowledge in intellectual property law at your fingertips.
The patent application process involves several steps, starting with understanding the scope of protection available through the various types of patents and the court system. You must also determine if an invention or discovery is patentable, conduct a search for relevant information about existing patent claims, and create concept drawings or diagrams of the invention. Once this groundwork is complete, you are ready to submit the patent application.
Patents in New York are granted by the U.S. Patent and Trademark Office (USPTO). However, it is best to begin by consulting a knowledgeable lawyer who can help you with the legal and technical aspects of patent application. An experienced lawyer who is familiar with state laws will be particularly beneficial.
UpCounsel is a helpful starting point to hire a New York lawyer who is best-suited to handle all aspects of the patent process in New York. All the lawyers on UpCounsel have years of experience in the intellectual property law arena and understand the guidelines of the USPTO. In addition, they can explain the legal terminology and implications for patent rights in your state.
To get started on patent pending in New York, it is important to gather upfront information and research. An experienced attorney can also review all relevant documents such as published U.S. patent applications, as well as patent and non-patent literature related to your invention. They can also investigate the likelihood of infringement, advise on the patentability of the invention, and review other aspects of the patent application.
In New York, an applicant must have more than just an invention to qualify for a patent. The invention must also be novel and non-obvious. When determining if an invention meets the USPTO's official definition of "novel," your attorney will need to identify the closest prior art references, analyze the differences between the invention and the prior art, and argue why the invention is sufficiently dissimilar to the prior art for it to be novel.
The filing process is also an important part of the patent process. This is where you and your attorney ensure the application meets all USPTO guidelines and receive approval for your invention. This process requires special attention as the USPTO is very particular about the magnitude of detail in the application.
UpCounsel's New York lawyers know the filing process well and understand that applications must be as clear and concise as possible. They are familiar with the USPTO preparation and filing requirements. They can review the gist of the invention, create a precise professional presentation, and address any authorizations, disclaimers, or other requirements that the USPTO might have.
Above all, a skilled lawyer can work with you through the patent process and take proactive steps to protect your intellectual property. Whether you need a one-time consultation or ongoing legal support, UpCounsel can connect you with an experienced IP lawyer who can provide practical advice and help put a patent pending on your invention.
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