Inventing is one of the most intimidating and rewarding activities one can participate in. After spending long hours designing and constructing an invention that fills an opportunity gap in the marketplace, being able to actually get a patent for the invention and begin profiting off of it is an exhilarating achievement.

Despite its rewarding potential, the patent process is intimidating, long and convoluted. If you’re based in New York and looking for counsel that understands local regulations, there are many steps involved in the patent-gaining process. It is essential to ensure that all steps are properly completed to guarantee your invention is actually eligible for a patent.

This article will provide an overview of the key factors to consider, review the different types of common patents that can be obtained in New York, and most importantly, detail the lengthy application process. After reading through this article, you should be armed with the necessary information to confidently seek the counsel of a New York-based attorney and get the ball rolling on patenting your invention.

Types of Patents Common in New York

Before beginning the patents process, it is imperative to know the type of patent you are trying to obtain. In the most straightforward terms, a patent is an enforceable right that is granted for any new invention, and it gives the patent holder exclusive rights to make, use, and sell the invention for a specific period of time. There are three main types of patents granted by the US Patent and Trademark Office, and it is important to note that they are not exclusive to New York:

• Utility Patents: These patents protect inventions that offer practical use and/or function for products.

• Design Patents: These patents protect the original, ornamental design of a product, and provide exclusive rights to reproduce the design in a product.

• Plant Patents: These patents provide legal protection foragriculture plant inventions that are asexually or sexually reproduced, and they typically last for 20 years.

Once you have determined the type of patent you are aiming to obtain, you can begin researching local patent lawyers and start the application process.

Application Process

A successful patent application requires you to submit a comprehensive set of information, including drawings, illustrations, explanations, claims, abstracts and more. Here are the core steps you will have to complete when filing a New York patent application:

• Step 1 - Perform a Patent Search: Before you can begin the patent application process, you must first conduct a patent search. This step is incredibly important, because it will help you avoid any rejected patents and wasted fees.

• Step 2 - Pre-Application Documents Preparation: In order to begin the application process, you’ll need to submit a Pre-Application Document outlining the invention’s background information, purpose, drawings, claims, and other materials. A qualified patent attorney can assist you in properly preparing this document.

• Step 3 - of the Invention: After submitting the Pre-Application Document, you must prepare an “introduction to the invention” document. This document should explain the invention in detail, and how it Animate, describes the detailed structure of the product, and clarifies the purpose, description, and operational functions of the invention.

• Step 4 - Prepare the Patent Application Documents: Once the “introduction to the invention” document is finished, you must prepare a comprehensive set of patent application documents, which includes a detailed description of the invention, any drawings/illustrations, and claims.

• Step 5 - Submit Your Documents: After the application documents have been completed and compiled, the documents must be submitted to the US Patent and Trademark Office (USPTO).

• Step 6 - Complete the Registration and Assessment: The USPTO will assess a series of fees to get the request started, and it will take a few months for your application to be processed.

• Step 7 - Monitor the Progress: Many applicants can't wait to hear back, so it’s important to closely monitor the progress of your application by regularly checking for responses on the USPTO website.

• Step 8 - Respond to the Office Actions: If additional considerations are needed to accept the application, The USPTO will issue an “Office Action.” Respond to this request within the timeframe given.

• Step 9 - Issue a Patent: if your application is accepted, the USPTO will issue you a patent for your invention. Congratulations!


Inventing is an exciting activity that can be incredibly rewarding if handled properly. Once you’ve determined that your invention is eligible for a patent, it is essential to employ a New York-based attorney and adhere to the bureaucratic processes outlined in this article. These steps are long and convoluted, but following them correctly will lay the groundwork for successful commercialization of the invention and ultimate profitability.




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