Having a patent pending is not only important for innovative business efforts, but it also serves as protection from competitors who may want to take advantage of your hard work. In the State of New York, the patent pending process is governed by the patent statute of New York. It is important to understand the rights and benefits that come with having a patent pending as well as the process that comes along with pursuing it.

A patent is a way for an innovator to protect their invention from being copied or stolen. A patent pending is essentially an early filing for a patent and it means that someone has submitted an application to the United States Patent and Trademark Office (USPTO). At this stage, the patent is not yet approved, but it does give the inventors certain rights. They have the right to cease others from stealing or using their invention. This protection is critical when the invention is something that is novel and useful, and it may be something that could be imitated by competitors.

The patent pending process in the State of New York requires a few steps. First, you must conduct a patent search. This is to ensure that the invention has not already been patented in the U.S. or overseas. If a novelty search turns up any patents that could possibly be duplicated by the invention, the application for patent pending will not be accepted.

Second, you will need to complete the application itself, which includes a full description of the invention and drawings that show how the invention functions. The invention must include drawings or diagrams that can be easily understood by an ordinary viewer. The application also has to include a “claim” section which specifies the scope of protection the inventor is seeking.

After the application is submitted to the USPTO, it will be inspected by patent examiners. They will make sure that the product is not infringing on other patents or claiming rights that are too broad. If the examiners approve the application, it will be published in the “Official Gazette” and turn into a patent pending.

The patent pending process can take anywhere from 1-2 years, depending on the complexity of the invention. During this time, the inventor can begin the process of marketing and selling the product but can still benefit from the protection that comes with having a patent pending. A patent pending notification gives the inventor certain legal advantages. For example, it allows the inventor to cease others from misappropriating the invention by providing evidence that the invention is under patent pending. This also gives the inventor the ability to discuss their invention with potential customers and investors without fear of having the idea stolen.

It is important to understand the rights and benefits that come with the patent pending process in the State of New York and what it means for innovators. Knowing the process of obtaining a patent pending is the first step in protecting your invention. It is best to discuss the patent process with a business attorney who is familiar with the laws and regulations of patent pending in the State of New York. Consulting a professional attorney to make sure that the application is correct and comprehensive is a key part of the process.


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