Looking for a Patent Law firm in NYC with first-hand knowledge of in-and-outs of patenting process? Need patent litigation experts? Look no further!
If when you’re asked to describe your patent case, the first words that escape your mouth are “It’s Complicated…” – you’re our ideal client. Fairchild Law is one of the best local law firms for patent services based in Brooklyn, NYC. Steven Fairchild has 10 + years of intellectual property and patent attorney experience protecting creative works under Patent Law. While there are many patent service providers in USA and New York area, we stand out by offering direct no-nonsense communication, quick turnaround, and affordable pricing to our clients.
Thought about DIYing your patent application? While an honorable and noble intention, you might hear your inner voice cautioning you that a minor mistake can lead to years of delays and even a denial of a patent altogether. Listen to that voice! The DIY itch can always be splendidly channeled into your kid’s Halloween costume. Alternatively, our boutique law firm can save you time and money on your patent protection.
Must I obtain a patent to manufacture my invention?
Short answer – no, you are not required. But there is a very good reason why people bother with it. Think of a patent as of a contract with the government which awards you a monopoly on your invention for a set period of time (15 to 17 years in the US depending on the type of patent). In exchange, the government publishes your invention. Your information is released for others to be able to learn from and improve upon. When the patent expires, your idea goes to the public domain. However, in the time period that you have a patent, you should be able to make a substantial profit on your initial investment and establish your brand in the market, Patents lie at the core of the progress of civilization. This isn’t an overstatement. They enable and foster the development of science and technology. There was a good reason why the Founding Fathers embedded patent law into the US Constitution. Patents in America are amazing. They designed to be a level field because in theory anyone can become an inventor regardless of their education, professional qualifications, age, gender, race – you get the idea. Remember Jennifer Lawrence’s character in movie Joy? A housewife, barely employed, definitely with no science background, becomes an inventor and a successful business woman. True story. So you see, patents create an economic incentive to invent. For a period of time that the patent lasts, an inventor can recover their costs of developing their invention, plus make a sizable profit. If the invention idea is good, securing a patent makes it very lucrative for the inventor.
Having said that, there are other types of Intellectual Property that protect your rights to an original work and might be better suited for your creation and/or your business model. Before opting for patent services, learn more about Copyright, Trademark, and Trade Secret.
Not all new inventions get covered in patents.
Sorry to bear some bad news. Unfortunately, not every patent application will be approved and granted a patent. The USPTO (United States Patent and Trademark Office) measures the patentability of an invention based on how it compares to all prior publications. We call them “prior art.” Your invention must be presented in a way that there is no doubt in its originality. If your invention is deemed to be too close to the prior art, then you won’t get a patent. Naturally, prior art is always increasing. Today has less prior art than tomorrow. Tomorrow will have less prior art than a month from now. Someone else might be filing a patent application for the exact same idea as you at this moment. He or she might get the patent, and not you.
You did all that work to develop your idea and someone else beats you to patent? Trust us – it sucks. Don’t let that happen – talk to a patent attorney today! The Fairchild Law Firm can help with a patent search to determine the scope of the prior art so you are informed before investing into a patent application. Having extensive experience in patent law, we are happy to poke holes in your prototype (figuratively speaking) and idea description, so patent office won’t have to.
Let’s talk about different types of patents
A utility patent covers the functionality of an invention. It is a much narrower protection. A design patent covers the artistic and ornamental features of the invention. Due to specificity of the patent services USA, inventors often have to file for multiple patents on the same invention to be fully protected against copycats.
As an example, remember the old Simpsons episode where Homer creates a model nuclear power plant? He took the design of the current nuclear plant and added a racing stripe and fins. A nuclear power plant with racing stripes and fins would be a great candidate for a design patent because these additions have no functional value to a nuclear power plant. They are ornamental to the invention. By contrast, Homer’s competitor created a brand new nuclear power plant that fit on a table. That would be a great invention for a multitude of utility patents.
So, is your invention “racing stripes” on an old invention? Or a brand new idea?
Both can be covered by a patent. Talk to a patent attorney now!
Provisional Patent v. Non-provisional patent applications
These are types of patent applications.
A provisional application is like hiring a person to wait in line for you while you spend time improving your invention. A provisional patent application does not mature into a patent, but allows you one year to file a formal non-provisional application.
A non-provisional application is examined by the PTO and it turn out to be quite pricey. The fees are higher, plus you’ll often need to respond to Office Actions rejections and that costs money too.
I almost always advise starting with a provisional patent application. There are good reasons for this:
- allow time to develop the invention and design-around prior art if we need to
- seek funding and investors
- start selling your invention
Got more questions? Check out our FAQ. Or just schedule your FREE 30 minute consultation with of one of the best patent lawyers in NYC (aka us).