Patent Lawyer in Brooklyn
New York Patent Summary:
- Importance of Patents: Patents protect valuable inventions but last 20 years and disclose technical details to the public.
- Filing Process: Submit your patent application to the USPTO. A lawyer can help ensure a smooth process and avoid costly mistakes.
- Infringement: If your patent is misused, a cease and desist letter is the first step. A lawyer can assist in protecting your rights.
- Accused of Infringement?: If facing accusations, seek legal help immediately to avoid costly litigation.
- Legal Assistance: The Law Office of Vincent Miletti offers expert help with patent filing, disputes, and defense in New York and New Jersey.
Intellectual property (IP) protections help creators safeguard their most valuable assets. While there are various types of IPs out there, patents are typically among the most profitable. However, you have to take active steps to receive protection — and even after doing so, others may still infringe on your rights. If you’re involved in such a dispute, a patent lawyer in Brooklyn can help.
At The Law Office of Vincent Miletti, our intellectual property lawyers have served New York and New Jersey for years. We understand just how important patent protection is, and we strive to ensure all our clients have skilled representation when dealing with such issues. Contact us today to schedule your free initial strategy session.
What Is a Patent? Should You File for One?
A patent grants exclusive rights to the owner of an invention. This invention can be a machine, process, formula, manufacture, or an improvement on a pre-existing creation. The primary requirement is that the invention is novel in some way. Filing for a patent will disclose technical information directly to the public.
This is the one disadvantage that many inventors don’t like. A patent only lasts for 20 years, so when that time expires, the public will have the right to use the technical information provided in the registration. Many inventors opt to utilize trade secret protections instead for this very reason. A patent lawyer in Brooklyn can help you make a more informed decision.
How Can You File for a Patent in New York?
Assuming your invention is patentable, you’ll need to submit an application to the U.S. Patent and Trademark Office (USPTO). At that point, you’ll work with an examiner to ensure all necessary information has been provided and that your application is complete. The application may be rejected for several reasons, but you will have the right to appeal.
The important thing to remember is that any mistakes can slow down this process. While you can certainly take the do-it-yourself approach, it never hurts to have a Brooklyn patent lawyer review your materials before submission. This can save you time and money over the long run, and it can help ensure your invention receives protection as soon as possible.
What if Your Patent Is Being Infringed?
If someone misuses your patent within the United States — or if an infringing item produced outside the country is imported — you’re likely a victim of patent infringement. In such a situation, your first response will typically be to send a cease and desist letter. Not only will this establish an evidentiary trial, but it may also be all that’s necessary to end misuse.
Having a patent lawyer in Brooklyn send this letter has many benefits. First and foremost, this route will ensure the appropriate legal language is used. It will also show the infringer that you mean business. More importantly, you’ll already have a legal professional on your side if your letter is ignored and infringing activities continue.
What if You’re Accused of Patent Infringement?
If you receive a cease and desist letter or are served with an infringement lawsuit, it’s important to seek out legal assistance as soon as possible. In some cases, a reasonable solution may be available that benefits both you and the other party. It’s also possible that a simple misunderstanding can easily be rectified with a bit of legal advice.
However, it’s also conceivable that the sender of the letter is acting in bad faith. Regardless of the exact circumstances, you should be prepared for a potential lawsuit. Do not take this lightly. A court recently awarded a plaintiff $1.9 billion in a patent litigation suit. Put simply, damages in these cases can be devastating. Don’t risk your financial well-being by going it alone.
Contact a Patent Lawyer in Brooklyn Today
A patent can be one of the most valuable assets a person, brand, or organization ever owns. Just ask Alexander Graham Bell about his telephone patent. However, it’s important to understand your options when it comes to intellectual property. A patent lawyer can assist you with filing for protection, but they can also help you understand if a patent is right for you.
At The Law Office of Vincent Miletti, Esq., our team of intellectual property professionals can assist with all of your IP needs. Whether you need to register an invention, police misuse, sue for infringement, or respond to allegations of intellectual property abuse, we’re here to help. Let our patent lawyer in Brooklyn review your case.
Call us today at 314-648-2586 to book a free consultation with our team.
New York Patent Facts:
- Patent Office Location: The United States Patent and Trademark Office (USPTO) is the federal agency responsible for issuing patents, and it operates nationwide, including New York.
- Types of Patents: New York inventors can apply for utility patents, design patents, and plant patents.
- Patent Application Process: The process involves filing with the USPTO, which includes a search for prior art, patent examination, and potential office actions.
- Patent Duration: Utility patents are typically valid for 20 years from the application date, while design patents last 15 years.
- Patent Fees: Application fees vary based on the type of patent and the size of the entity applying. There are reduced fees for small entities and micro-entities.
- Patent Infringement: Patent owners can take legal action in federal court if someone uses their patented invention without permission.
- State-Level Resources: While patents are federal, New York offers resources like local attorneys, universities, and innovation centers to assist with patent applications and intellectual property concerns.
- Provisional Patents: New York inventors can file a provisional patent application to establish an early filing date while allowing up to 12 months to file a formal utility patent.
- International Patents: Inventors in New York can seek international patent protection through the Patent Cooperation Treaty (PCT).
- Patent Law Firms: Many patent law firms in New York specialize in helping clients with patent application filings, infringement issues, and intellectual property rights.
- Patent Pending Status: Once a patent application is filed, it is considered “patent pending,” which offers provisional protection for the invention.