Legal notes to patent registration in New York

patent in New York, patent registration in New York, file patent in New York, New York patent registration, New York patent, patent registration, patent, documents for patent registration, IP Office, Patent Law, procedure for patent registration, patent application,

Patent registration in New York. New York, often called New York City to distinguish it from New York State, or NYC for short is the most populous city in the United States. With over 20 million people in its metropolitan statistical area and approximately 23 million in its combined statistical area, it is one of the world’s most populous megacities. New York City has been described as the cultural, financial, and media capital of the world, significantly influencing commerce, entertainment, research, technology, education, politics, tourism, art, fashion, and sports, and is the most photographed city in the world. Home to the headquarters of the United Nations, New York is an important center for international diplomacy and has sometimes been called the capital of the world. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this city is to learn the procedure of patent registration in New York.

Patent in New York

According to the Patent Law in the United States, a patent in New York is a grant of a property right given by the Government to an inventor. With a patent, the inventor, or the patentee will have the right to exclude others from making, using, offering for sale, selling the invention in a country, or importing the invention into a country, along with other rights to protect their best interests.

To be patentable in New York, an invention must satisfy the new, nonobvious, inventive, and industrially applicable requirements.

In addition, an invention that is patentable can also be an improvement on existing items or methods.

On the other hand, the unpatentable subjects in New York are:

  • Discoveries, laws of nature, and mathematical methods;
  • Aesthetic designs;
  • Systems, rules, and methods for the performance of mental labor, games or management, computer programs;
  • Presentation of data and abstract ideas.

Necessary documents for patent registration in New York

The necessary documents for patent registration in New York include:

  • The request to grant a patent (patent application);
  • Detailed information on the applicant(s) including the applicant’s and inventor’s names, addresses, citizenships, etc.;
  • A description of the invention;
  • A signed and stamped power of attorney by the applicant(s);
  • A copy of the amendments (if any);
  • Priority documents (if any).
  • Other required documents.

Patent registration in New York

To obtain a patent in New York, the applicant needs to submit the patent application to the NY State Dept. of State-Division of Corporation and State Records, Albany – IP Office of United States.

It should be noted that New York residents have access to a host of unique resources and assistance in their state, including support from the Patent Pro Bono Program and Law school clinics (Fordham Law’s Samuel-Glushko Intellectual Property and Information Law Clinic and Brooklyn Law School Clinic – Brooklyn Law Incubator and Policy).

Therefore, before actually applying, the applicant should consider consulting these organizations for support.

Obtain patent protection while creating

For patents in New York in particular as well as in every other jurisdiction in general, the creator may also seek patent protection while they are at the creation stage.

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;

You can see a list of New York IP firms here.

 

Leave a Reply

Your email address will not be published. Required fields are marked *