Legal Question in Intellectual Property in New York

Re: Product enhancement

I am answering this question assuming that the product which you wish to improve upon is some sort of device.

Patent Law is the body of law that governs inventions and improvements upon existing inventions. In order for an invention to be eligible for patent protection, the invention must be new, useful, and unobvious.

If your invention is new, useful and unobvious, you may be eligible for patent protection. If you wish to get a patent, you should contact a patent attorney. Patent law is different from other areas in that patent attorneys must pass a separate bar exam in addition to the state bar exam required of attorneys in general.

Your patent attorney will probably first speak to you about your invention. Once he or she is familiar with it, he or she will conduct a novelty or patentability search. This search is basically a search of the prior art, or inventions which have already been created and patented. However, this search is not always limited to prior patents as articles, websites and other publications and mediums may help one to determine whether an invention or improvement on an invention is new, useful and unobvious.

If the invention does indeed seem to be new, useful and unobvious, the attorney will work with you to apply for patent protection. There are several different ways to do so and you will work with your attorney to determine which way is best for you given your circumstances.

I hope that I have answered your question. I guess the next step for you would be to develop your invention, and keep accurate notes and logs. Keep the invention a secret, do not publish it before speaking to an attorney if possible.

If I can be of any assistance, please call me. Good Luck!

Jamel Oeser-Sweat, Esq.

Law Offices of Oeser-Sweat

45 West 21st Street

New York, NY 10010

(212) 696-6587

(212) 242-1114

[email protected]