Legal Question in Business Law in New York

Re: patent law

You must have a patent application pending before the US Patent & Trademark Office ("USPTO" or "PTO") to write "patent pending" on any item. Yes, you must actually file the patent application, and the patent application should be in the queue for examination (i.e., not a provisional application).

Once a patent issues on an item, assuming it does issue, you must change your "patent pending" imprint to the patent number. If the item is rejected during examination, you must remove the "patent pending" imprint from all items manufactured after the patent application is finally put to rest.

Although you are certainly entitled to represent yourself before the PTO, even they recommend that you hire an attorney or agent who is admitted to practice before them; self-represented inventors tend to not get patents to issue because the inventor is unfamiliar with the myriad rules and regulations that govern the PTO's operations and how they review patent applications.

If you want to familiarize yourself with the rules and regs, visit their website (www.uspto.gov) and download the Manual for Patent Examination Procedure. That is the bible of patent prosecution. It's also an excellent cure for insomnia.

It's not a bad idea to poke around on the PTO's website; there's a LOT of information there that is useful to inventors.

Not every attorney is admitted to practice before the Patent Office. You can search for a patent agent or patent attorney who is local to you at the uspto.gov website (look under the How Do I... link), you can check your Yellow Pages (look for an attorney listed under the Patents, Trademarks, Copyright section of the lawyer guide), or you can contact me; I am admitted to practice before the PTO and would be happy to help you out.

A new design in wig manufacture would be a utility patent. The "how" is way too complex to get into here, but basically you develop a patent application to the PTO's specifications and file it, along with the proper fee (which varies based on number and types of claims) and various declarations and disclosures, with the USPTO.

I look forward to possibly hearing from you.

Happy Holidays!

PS: Please, please please do NOT sign a contract with an Invention Promotion Company (one of those late-night infomercial things that promises to market your invention for you). They are scams. People invest $thousands and get precious little in return. See the PTO's website for piles of complaints about them. Spend your money on a legitimate patent attorney or agent. The PTO maintains a current a listing on the web of everyone who is admitted to legitimately practice before them.

Re: patent law

You must apply for a patent.