In order to file for a patent in the state of New York, there are a few things you are going to need. First and foremost, you will need an idea that is patentable. This must be something new that has never been developed before. You can conduct a patent search prior to initiating the application process to ensure your idea isn’t already patented. One reason why it is advisable to hire a New York patent and trademark attorney is because they can help you conduct this search. There may be a point where you come across an idea that is similar to yours and aren’t exactly sure if that prohibits you from filing for your own personal patent.
Decide what type of patent you are going to need
Based on your invention, you must figure out which type of patent is going to be best for you. The three kind of patents you can apply for include:
- Utility patents
- Design patents
- Plant patents
Another thing you want to do is decide what type of patent application you want to fill out. There is a provisional patent application and a non-provisional patent application. Our NY patent lawyers are more than capable of helping you decide which is the best for you at this moment and can go more in depth on what each does and why it would benefit you to take that route.
According to How Stuff Works, the patent process can be rather complicated and even overwhelming. The United States Patent and Trademark Office (USPTO) can reject a patent or trademark application which is why you should have a patent attorney in New York review your idea entirely before going through the hassle of submitting your application.
What is required to file a non-provisional application?
If you choose to file a formal application which is also recognized as a non-provisional application, there are some elements that will be required of you. Some things that you must include in your patent application are:
- Drawings of the inventions
- Title of the invention
- Specification which teaches someone how to make or use it.
- Detailed description
- Conclusion, ramification and scope
Claims are an important part of your application and are listed after the specification. “Claims actually define the legal scope of your patent and describe the boundaries of your invention.” There are independent claims as well as dependent claims so it is best to have one of our patent and trademark lawyers explain all this to you.
Another part of the process you don’t want to forget about are the filing fees. These vary based on your type of patent and range based on how you choose to submit your application, whether it be mailed in or submitted online.
Why should I obtain a patent?
Patents help protect your ideas from being used by others who are looking to make money off your ideas. If you have a patent for your invention and someone infringes, or steals your idea, you can pursue them for damages by filing a lawsuit against them. But, because the patent process is so complex and takes a significant amount of time before it will be processed, you want to do everything you can to increase your chances of having your application approved.