New York Patent Infringement Attorney

Innovative businesses invest significant time and money into developing new products, technologies, and processes. When another company makes, sells, offers to sell, uses, or imports a patented invention without permission, the patent owner may have the right to take legal action. A New York patent infringement attorney can help companies evaluate infringement claims, understand the risks, and create a strategy for enforcing or defending patent rights.

As an intellectual property (IP) law firm, Jones IP Law helps inventors, startups, small businesses, and established companies protect their critical IP rights. Led by Michael Jones, the firm combines patent knowledge with extensive technological experience. I provide personalized, affordable intellectual property services for clients who need practical legal guidance. Whether you are enforcing a patent or responding to an infringement claim, I can help.

What Is a Patent?

The United States Patent and Trademark Office (USPTO) grants patents. Federal patent law protects useful inventions that fit within recognized categories:

• Utility patents—protect new and useful inventions, including machines, processes, manufactured products, chemical compositions, and improvements to existing inventions;
• Design patents—protect a product’s visual design and appearance; and
• Plant patents—protect new and distinct plant varieties that inventors reproduce asexually.

To receive a patent, an inventor must describe the invention clearly in the patent application and show that the invention is new, useful, and non-obvious. It is new if it is sufficiently different from previous inventions and useful if it performs a practical function or achieves a useful result. It is non-obvious if a person working in the relevant field would not view the invention as an expected improvement to existing technology.

The patent entitles you to prevent others from:

• Making,
• Using,
• Selling,
• Offering for sale, or
• Importing a patented invention.

When someone engages in one of these activities without authorization, they infringe on the patent. A patent enforcement attorney can help you decide what to do next. 

What Does a New York Patent Infringement Lawyer Do?

New York City is a patent hub. The city is home to businesses that develop software, financial technology, medical technology, consumer products, media technology, telecommunications systems, and myriad other innovations. Manhattan’s financial technology sector, Brooklyn’s startup ecosystem, and the region’s concentration of research institutions, manufacturers, and technology companies create frequent opportunities for innovation and patent disputes.

As a result, New York businesses may find themselves on either side of an infringement dispute. Working with an NYC patent litigation lawyer can help you navigate an infringement dispute with a deep understanding of the steps in the process and how they interact with the business realities of operating in NYC. 

Evaluate the Patent and Invention

Your New York patent infringement attorney begins by identifying the patent rights at issue and comparing them to the product or process at issue. I:

• Review the patent and its history, 
• Analyze the product or process at issue,
• Examine technical documents and publicly available information, and
• Assess potential defenses and enforcement options.

To evaluate infringement, I compare a patent’s claims, which are the numbered statements at the end of a patent that define exactly what the patent protects, to the product or process that allegedly infringes the patent. I also evaluate potential validity and enforceability issues that may affect the strength of an infringement claim or defense.

Develop an Enforcement or Defense Strategy

After evaluating the patent, the technology, and the strength of the parties’ positions, you work with your attorney to decide how to move forward. 

For a patent owner, potential strategies may include:

• Sending a demand letter,
• Seeking a licensing agreement,
• Negotiating a settlement, or
• Preparing to file a patent infringement lawsuit.

For a business accused of infringement, potential strategies may include:

• Challenging the infringement allegations,
• Identifying defenses to liability,
• Negotiating a license,
• Modifying a product or process to avoid future disputes, or
• Preparing a litigation defense.

Your New York patent infringement attorney helps you evaluate your options and understand the risks associated with each approach. 

Attempt to Resolve the Dispute

Many patent disputes resolve without a trial. After I evaluate your position and develop a strategy, I often begin discussions to resolve the dispute outside court. I may pursue settlement through direct negotiation or recommend mediation, in which you work with a neutral third party to find a collaborative solution.

You might agree to, for example:

• Licensing or cross-licensing agreements,
• Royalty arrangements,
• Product modifications to cease the alleged infringement, or
• Agreements limiting or discontinuing the use of a specific technology.

Not every dispute settles. When negotiations fail, the parties may need to more aggressively pursue NYC patent infringement litigation.

Litigate the Dispute

When negotiations fail to resolve the dispute, litigation may become necessary. Patent owners generally file patent cases in federal court because federal law controls patent rights.

Patent litigation in New York often occurs in one of two courts: the United States District Court for the Southern District of New York (SDNY), which covers Manhattan, the Bronx, Westchester, and several surrounding counties; or the United States District Court for the Eastern District of New York (EDNY), which covers Brooklyn, Queens, Staten Island, Long Island, and several nearby areas.

Your NY patent lawsuit attorney helps you understand procedural requirements and implements your legal defense or enforcement strategy during the litigation process. Even after litigation starts, you can still work with the other party to reach a settlement. If you do not, the court holds a trial where you and the other party offer evidence to prove whether one invention infringes on another. 

At the end of the trial, the court may:

• Order one party to pay monetary damages,
• Require ongoing royalty payments,
• Order a party to stop their infringing activity,
• Conclude that infringement did not occur, or
• Conclude that a patent is legally invalid.

Whether pursuing enforcement or asserting a patent infringement defense, businesses benefit from an attorney tailoring a strategy to their legal position and business goals.

Protect Your Intellectual Property Rights with Jones IP Law

Patent disputes can affect product development, business relationships, and long-term growth. Jones IP Law can help evaluate infringement risks, enforce valuable patent rights, and respond strategically to infringement claims. 

If you need a New York patent infringement attorney, contact Jones IP Law to speak with a patent infringement lawyer in NYC.

Legal References Used to Inform This Page 

To ensure the accuracy and clarity of this page, we referenced official legal resources during the content development process:

• USPTO, Managing a Patent.
• USPTO, Patent Essentials.