Find Lawyers in New York, New York for Patent Law
Practice Area Overview
A patent is a contract between an inventor and the government. The inventor provides a complete description of the invention to the public in an application for patent. This benefits the public by providing knowledge of the invention for use as a foundation for additional innovation. In return, if the invention is new (as compared to everything known to the public prior to the invention), a patent is issued. This patent gives the inventor a right to exclude others from making, using, offering for sale, or selling the patented invention throughout the United States, and from importing the invention into the United States, for the life of the patent, usually 20 years from filing.
Grant of a patent does NOT itself give an inventor a right to exploit the patented invention – it only gives the inventor a right to exclude others from practicing the invention. For example, if an inventor makes an improvement to a previously patented machine, and gets a patent, the inventor can prevent the owner of the original patent from using the improvement. However, the inventor may not be able to exploit the improvement itself, at least until the original patent expires, because such exploitation might infringe that original patent.
Title 35 of the United States Code (the “Patent Statutes”) set forth the standards and procedures for obtaining patents. Patents are granted by the United States Patent and Trademark Office (USPTO), an agency of the Department of Commerce.
The following items are patentable under these statutes:
- Processes: new methods of doing something
- Machines: engines, machinery, instruments, gadgets, etc.
- Articles of manufacture: circuits, tools, structures made of metal, plastics, ceramics, etc.
- Compositions of matter: new pharmaceuticals, chemical compounds, naturally occurring substances when substantially purified, DNA sequences, biological materials, e.g. bacteria, viruses, proteins and protein fragments, monoclonal antibodies, epitopes, and vectors.
- Improvements in any of the above
- Living organisms: genetically altered plants and animals.
- Computer programs: alone and in conjunction with other equipment.
- Business methods: methods for doing business, but not those solely directed to patenting abstract ideas.
- Designs: ornamental aspects of articles of manufacture.
- Non-patentable items include: nebulous concepts or ideas, laws of nature (e.g., gravity), mathematical algorithms alone (but computer-implemented mathematical algorithms producing a concrete, useful, and tangible result are patentable subject matter), and purely mental processes.
A key element to effective patent protection is writing patent claims that define the invention as broadly as possible, but without overlapping prior art that could make the patent invalid. This is generally best done by someone with skill and experience in patent practice, so consulting with a patent attorney is a wise choice.
Greg Arovas has established a reputation as one of the top intellectual property litigation lawyers in New York. Greg has represented both plaintiffs and defendants in numerous high-profile patent and trade secret litigations, including cases for high-technology clients such as Intel, IBM, Samsung, Sony, Xerox, Lucent, Agere, Oracle, Siemens, Infineon, Xilinx, and KCI. Greg has tried numerous District Court and ITC cases to verdict involving a wide range of computer, software, communications ...
From Paris runways to retail outlets across the US, Karen Artz Ash protects the intellectual property of major names in fashion. She provides comprehensive IP counsel to designers and clothing manufacturers as well as clients in other industries in which IP assets figure prominently. The institutional memory that she and her team have established with long-time clients and within the fashion industry as a whole allow her to provide practical and deeply informed advice across a wide range of i...
Alan Behr is a partner in the Corporate & Business Law Department and Intellectual Property Practice, and chairman of the Fashion Practice at Phillips Nizer LLP. He is also a member of the firm's Executive Committee. Mr. Behr concentrates his practice on international intellectual property, fashion, and entertainment law. He represents established and up-and-coming businesses and individuals in the fields of electronic entertainment, emerging technologies, publishing, fashion, and consume...
Ms. Bolger is an experienced First Amendment and media litigator who has represented news and entertainment companies in a broad spectrum of content-related matters, ranging from investigative journalism to coverage of celebrities. In addition to defending media clients in court, Kate regularly counsels newspapers, magazines, and book publishers about pre-publication issues and advises authors on contract, electronic publishing, and intellectual property matters. Prior to joining LSKS, Ms. Bo...
Amelia K. Brankov advises companies and individuals on litigation and transactional matters, with a particular focus on arts and culture. In her art law practice, Ms. Brankov advises galleries, collectors, artist studios, artist estates and foundations, curators, art advisors, appraisers, conservators, publishers, and startups. She assists clients in all legal aspects of transactions involving artwork including purchase agreements, consignment agreements, commission agreements, and loan agree...
Dale Cendali is a nationally recognized leader in the field of intellectual property litigation, having successfully litigated and tried numerous high-profile cases, and having argued before the U.S. Supreme Court. Her practice encompasses copyright, trademark, false advertising, patent, Internet, and trade secrets law, as well as defamation, the right of publicity, privacy, complex contract disputes and similar areas, including electronic discovery. Dale heads Kirkland’s Copyright, Tra...
Christopher R. Chase is a partner at Frankfurt Kurnit where he practices intellectual property, advertising, sports, and entertainment law. The 2023-2025 editions of Best Lawyers in America lists Mr. Chase for his advertising work; Super Lawyers magazine has named him a 2019-2023 "Super Lawyer" in media and advertising; and The Legal 500 listed him as a “Next Generation Partner” in 2020, and a “Leading Lawyer” in 2021-2024 for advertising and marketing. He counsels ent...
Shanti Sadtler Conway is a partner in Kirkland’s New York office. Shanti focuses her practice on intellectual property, including copyright, trademark, false advertising, right of publicity, social media, licensing and contract issues. Her practice includes both counseling clients and litigating on their behalf, from trial through appeals and in a variety of fora. Shanti has been recognized by Law360 as a “Rising Star” and “Legal Lion,” by The National Law Journa...
John M. Desmarais is the founding partner of Desmarais LLP. In 1988, after graduating from NYU Law School, Mr. Desmarais started his career at Fish & Neave. Then, after practicing in the area of intellectual property litigation and counseling for several years, he left private practice to serve as an Assistant United States Attorney in the Southern District of New York, where for three years (1992-1995) he tried criminal jury trials for the federal government. After leaving the government...
David Donahue brings the benefit of his extensive courtroom experience when advising clients on protection and enforcement issues relating to copyright, trademark, unfair competition, right of publicity, design patent, and related commercial matters. His commercial litigation experience also informs his approach to negotiating and drafting commercial agreements involving intellectual property matters. David’s deep litigation experience includes successes in federal and state trial and a...
Sara Edelman helps content creators, advertising agencies and fashion companies navigate copyright, right-of-publicity and talent issues to produce compelling and creative content for their brands. She negotiates talent, sponsorship, artwork, music and production agreements; performs apparel clearances; and resolves copyright and intellectual property disputes. In the fast-paced worlds of advertising, content creation and fashion, Sara is a savvy and responsive partner ready to address her cl...
Catherine M.C. Farrelly, formerly Catherine M. Clayton, is a partner and Co-Chair of the Trademark & Brand Management Group and is also a member of the firm’s Litigation Group. Ms. Farrelly is an internationally recognized leader in the field of trademark law who advises some of the world’s leading brands on intellectual property matters. She helps her clients plan strategies, manage trademark portfolios, and protect trademarks and other IP in the US and world markets. She rep...
Helene M. Freeman is a partner in the Litigation Department at Phillips Nizer LLP. Ms. Freeman's practice is focused on all facets of entertainment, publishing, the arts and fashion. She has counseled multinational record distributors, leading musical performing groups, film and television producers and distributors, international music publishing companies, theatrical producers, authors and advertising agencies. As a litigator with more than 30 years' experience, Ms. Freeman has been trial a...
Managing Partner of Frankfurt Kurnit since 2010, Jeffrey A. Greenbaum is one of the country’s leading advertising lawyers. He is a partner in the firm's Advertising, Marketing & Public Relations Group and has extensive experience representing advertisers, advertising agencies, and social media and other online platforms on advertising and intellectual property matters. He is also the Chairman of the Global Advertising Lawyers Alliance. In 2023, Best Lawyers in America named him &ldq...
Intellectual property attorney Mary Grieco helps her clients build and protect their brands and enforce their IP rights worldwide. In addition to maintaining an active practice, she chairs Olshan's Intellectual Property Law Group and co-chairs the firm’s Brand Management & Protection Group. Mary advises her clients in all facets of brand development, management and protection. Representing clients spanning the fashion, cosmetics, entertainment, financial services, technology, food, ...
Few U.S.-based lawyers know more about global trademark strategies and managing global trademark conflicts than Nadine Jacobson, who has searched, cleared for use, and prosecuted for registration thousands of trademarks of all types globally. Nadine has also litigated and defended hundreds of international Opposition and Cancellation proceedings as well as infringement actions around the world. She registers and defends design patents and industrial designs in various countries, including tho...
Jason Jones counsels clients and litigates matters relating to copyright, trademark, unfair competition, false advertising, design patent, and related commercial matters. He also negotiates trademark and copyright licenses, as well as coexistence and settlement agreements. Jason’s litigation experience includes federal trial and appellate courts, as well as state courts and the USPTO’s Trademark Trial and Appeal Board, representing clients across diverse industries, including publ...
Alan Kellman is one of the original partners of Desmarais LLP, where his practice focuses on trial and litigation of complex, technology-driven disputes. Mr. Kellman has tried cases in the federal district courts, before the International Trade Commission, and in arbitration, and has argued before the Court of Appeals for the Federal Circuit. In addition, he has represented clients in trade secret, antitrust, and unfair competition matters in federal and state courts. Mr. Kellman has represen...
Few trademark and copyright litigators are as successful and well-known as Richard Lehv. For more than 40 years, he has handled cases involving trademark, copyright, trade dress infringement, and comparative and false advertising, including some of the most-cited cases in these fields. And because adversaries know of Richard’s experience and reputation, he often is able to resolve contentious matters quickly and favorably, without extensive litigation. Richard has deep experience using ...
John Margiotta’s practice is broadly focused on both contentious and non-contentious matters relating to intellectual property. He advises, litigates, mediates, and arbitrates in the areas of copyright, trademark and trade dress infringement, design patent, anti-counterfeiting, unfair competition, false advertising, trademark dilution, breach of contract, right of publicity, First Amendment, and internet-related matters. Though John practices across many industries, the majority of his ...
Craig Mende’s unique, broad practice spans trial and appellate litigation, complex transactional work, and client counseling – all relating to different aspects of intellectual property, including copyrights, trademarks, right of publicity, and diverse new media issues. Perhaps most importantly, Craig provides sought-after counsel to clients seeking answers to new kinds of questions, frequently involving rebranding and innovative uses of social media, including issues with celebri...
Brian G. Murphy counsels advertising agencies, advertisers, and entertainment companies as they develop and produce advertising and entertainment properties across all media. Mr. Murphy has been named the 2018 and 2025 "Lawyer of the Year" for Advertising Law by Best Lawyers in America. His practice focuses on copyright, trademark , right of publicity/right of privacy, false advertising, unfair competition, and defamation. Mr. Murphy negotiates and structures celebrity talent agreements, agen...
Tim’s extensive experience includes patent office litigation matters such as patent interference proceedings, Inter Partes Review and reexamination proceedings. He has shaped and executed winning strategies in patent litigations. In helping clients achieve their business goals, Tim devises strategies for maximizing the value of patent portfolios for litigation, licensing or acquisition. He develops and implements strategies for protecting his clients’ key technologies and for avoi...
Karim Oussayef is a partner of Desmarais LLP, where his practice focuses on a wide variety of offensive and defensive technology litigation, especially cases headed for jury trial. Mr. Oussayef has litigated patent, trade secret and contract cases on subjects that include networking devices, telephony, cable television, e-commerce platforms, web and mobile applications, antibody therapies and medical devices, among many others. Mr. Oussayef is experienced in a variety of forums, including fed...
An experienced litigator, Laura tries cases in federal and state trial and appellate courts across the country in matters relating to copyright, trademark, unfair competition, right of publicity, and represents clients in inter partes proceedings before the USPTO’s Trademark Trial and Appeal Board. She also provides strategic advice to clients on diverse intellectual property issues and negotiates and drafts IP agreements, including license and coexistence agreements. Laura represents c...
•Michael Poster is the Partner-in-Charge of M&R’s New York office and the firm’s Music Acquisitions & Financing Chair. In that capacity, he represents clients in corporate and financing transactions, including mergers & acquisitions, joint ventures, venture capital investments, and debt and equity financings, with a focus on music industry deals. In fact, he is one of the few attorneys in the country with a deep knowledge of the music business, on the one hand, an...
L. Donald Prutzman is a partner in Tannenbaum Helpern's Intellectual Property practice. His practice encompasses litigation and non-litigated matters. He has broad trial and appellate litigation experience, particularly in disputes involving trademark, copyright, art law, photographers' rights, apparel importation, antitrust issues and matters before the International Trade Commission. His litigation experience includes securities regulation and insurance coverage. Donald advises on a wide ra...
Claudia Ray is a partner in Kirkland’s New York office and a member of the Firm’s IP Department. She represents clients across a wide range of industries, including entertainment and media, financial services, technology, and consumer products, in litigation, arbitration, and administrative proceedings involving copyright, trademark, Internet, contract/licensing, and trade secret issues. Claudia also advises clients on pre-litigation issues, IP issues arising out of corporate tran...
Edward H. Rosenthal is Chair of the firm’s Intellectual Property Group. He focuses on intellectual property litigation, emphasizing trademark, copyright, right of publicity, entertainment, advertising, and commercial disputes. Mr. Rosenthal counsels clients on the thorny issues concerning termination of grants of copyrights, and conducts prepublication review of books, articles, television programs, motion pictures, and other materials. His clients include businesses and individuals in ...
Johanna Schmitt is an intellectual property partner in Kirkland’s New York office. Her practice focuses on intellectual property law, specifically copyright, trademark, trade dress, domain name, false advertising, licensing and contract issues. She counsels clients regarding the acquisition and retention of intellectual property rights (including Internet issues) and also litigates disputes related to such rights. She has extensive experience with managing trademark portfolios, trademar...
Joshua Simmons is a well-established and nationally recognized appellate and trial court litigator, who has been lauded as an “exceptional,” “forceful,” and “creative” “brainiac” ( Chambers ), “Top Attorney” ( Law360 ), and “big-picture thought leader” ( WTR ). This “Intellectual Property Superhero” ( CLS ) has been named one of the “500 leading litigators in America” ( Lawdragon ) for his wins in ...
Barry Slotnick is a nationally recognized intellectual property litigator who represents high-profile clients in the music and entertainment industries, as well as major brands across the advertising, licensing and merchandising sectors. Barry has litigated scores of copyright infringement cases in courts throughout the United States, as well as numerous disputes addressing the respective rights of copyright and trademark owners and users, including rights of privacy and publicity. His client...
Barbara A. Solomon works with iconic brands across diverse industries to protect and enforce their valuable IP assets. Her pragmatic and business-focused approach, coupled with a clear understanding of her clients’ business and their ultimate goal, is what keeps clients coming back – they appreciate her deft ability to achieve desired results through strategic negotiation. When litigation is necessary, clients know that Barbara has achieved many successes in trial and appellate co...
Ashford Tucker works with brand owners, businesses, and entertainers to achieve strategic goals relating to their intellectual property. Ashford advises clients on global trademark portfolios and licensing issues, including trademark clearance, registration, policing, enforcement, and opposition matters. He also counsels clients on copyright registration and enforcement, and drafts copyright and trademark agreements such as licenses, assignments, and coexistence agreements. Ashford has signif...
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