Tag: patent attorney


How to Navigate Intellectual Property Law in NYC’s Competitive Business Environment


In the fast-paced, innovation-driven world of New York City, intellectual property (IP) can be your business’s most valuable asset. From startups in SoHo to tech firms in Midtown, safeguarding your ideas, designs, trademarks, and inventions is essential for long-term success. But with NYC’s fiercely competitive business landscape, navigating intellectual property law requires more than just good intentions—it demands legal strategy, knowledge of IP rights, and the guidance of a skilled intellectual property attorney in New York.

 

This comprehensive guide will walk you through everything you need to know about navigating intellectual property law in New York City, with practical steps, expert strategies, and key insights from top IP attorneys in New York.

 

What Is IP Law?

Intellectual property refers to intangible creations of the mind used in commerce and business. These creations can be protected by law to ensure that others cannot exploit them without permission. There are four primary categories of IP protection:

 

  1. Trademarks

  2. Copyrights

  3. Patents

  4. Trade secrets

 

Each category plays a unique role in safeguarding different aspects of your brand, product, service, or idea.

 

In a vibrant economic hub like NYC, home to tech disruptors, creative artists, software developers, fashion icons, and culinary entrepreneurs, your IP represents your unique competitive advantage.

IP law concept with gavel, scale, and patent documents – representing legal services offered by a leading intellectual property attorney in New York.

Source: Forage

 

The Four Pillars of IP Law Protection

 

1. Trademarks

A trademark is any recognizable word, phrase, symbol, or design that protects brand names, logos, slogans, and symbols that distinguish your business from others. Think of logos like the Nike swoosh or slogans like McDonald’s “I’m lovin’ it.”

 

In New York City, where hundreds of new businesses emerge weekly, trademark protection is essential to avoid brand confusion and legal conflicts.

 

Key Steps to Trademark Protection:

 

  • Conduct a Trademark Search: Use the USPTO database or work with a trademark attorney in New York to ensure your mark isn’t already taken.

  • Register Your Trademark: File with the United States Patent and Trademark Office (USPTO) for federal protection. Consider state-level registration as well.

  • Enforce Your Trademark: Monitor for unauthorized use, and issue cease-and-desist letters or initiate legal proceedings when necessary.

 

 

2. Copyrights

If your business produces original content—blogs, videos, photos, music, or software—you automatically own the copyright. However, registering your copyright with the U.S. Copyright Office provides added legal benefits, including the ability to sue for damages in federal court.

 

Benefits of Copyright Registration:

  • Legal proof of ownership

  • Ability to seek statutory damages and attorney’s fees in court

  • Public record of ownership

  • Easier to license, sell, or transfer your rights

 

Commonly copyrighted works in NYC include:

  • Website content

  • Podcasts and videos

  • Digital artwork

  • Software code

  • Marketing material

 

3. Patents

A patent protects inventions—machines, processes, chemical compositions, or designs. NYC is home to major players in biotech, fintech, green energy, and more—industries where patent protection is vital.

 

Types of Patents:

  • Utility Patents: For new processes or machines

  • Design Patents: For ornamental designs

  • Plant Patents: For new plant varieties

 

Working with a New York Patent Attorney:

Patent law is complex, and even small mistakes in your application can lead to costly rejections. A qualified patent attorney in New York can help you prepare drawings, write claims, and navigate USPTO procedures effectively.

 

4. Trade Secrets

These are confidential business practices or formulas (think Coca-Cola’s secret recipe). To safeguard trade secrets, businesses should implement NDAs (non-disclosure agreements) and maintain secure data practices.

In NYC, where businesses share co-working spaces and collaborate with freelancers, trade secret protection is critical.

 

How to Protect Trade Secrets:

  • Use non-disclosure agreements (NDAs) with employees, contractors, and partners

  • Restrict access to sensitive data

  • Implement clear internal policies for handling confidential information

Unlike patents, trade secrets do not expire as long as they remain confidential.

A stack of books with words intellectual property, copyright, trademarks, patents and trade secrets which are four pillars of IP written on them.

Source: gettyimages.com

 

Why IP Law Protection Matters in NYC

NYC’s business environment is a challenge. With a diverse and saturated market, having exclusive rights to your intellectual assets allows you to:

 

  • Establish brand identity

  • Prevent imitation and infringement

  • Attract investors and funding

  • Create licensing opportunities

  • Enhance company valuation during mergers or acquisitions

 

Imagine investing years into developing a proprietary software platform or building a recognizable logo, only to have a competitor replicate it. Without legal IP protection, your business could lose revenue, trust, and market share.

 

The Challenges of Protecting IP Law in NYC’s Competitive Market

New York City’s entrepreneurial energy is unmatched—but so is the competition. Entrepreneurs face unique challenges, including:

 

  • Brand imitation by local competitors

  • Unauthorized use of copyrighted content online

  • Patent disputes in the tech and biotech industries

  • Theft of proprietary information by former employees or partners

 

This is why consulting with a New York IP law firm early in the business lifecycle is vital. IP attorneys can help draft licensing agreements, enforce IP rights, and handle litigation if necessary.

 

Steps to Take for Effective IP Law Protection in NYC

1. Perform an IP Audit

Evaluate what intellectual property your business owns or is developing. This includes checking for existing trademarks, patented inventions, proprietary content, or confidential processes.

 

2. Register Your IP

While some IP rights arise automatically, registering with the appropriate government bodies (USPTO, Copyright Office) strengthens your legal standing.

 

3. Create Legal Agreements

Protect your business with contracts such as:

  • Non-disclosure agreements (NDAs)

  • Work-for-hire contracts for creatives

  • Licensing agreements

  • Partnership agreements outlining IP ownership

 

4. Monitor for Infringement

Use monitoring tools or work with an IP lawyer to regularly check for unauthorized use of your trademarks, content, or inventions.

 

5. Enforce Your Rights

Don’t let IP violations slide. NYC’s legal system offers multiple avenues for enforcement—from cease and desist letters to full-blown litigation.

 

How an IP Law Firm in NYC Can Help

Partnering with an intellectual property law firm in NYC provides tailored legal strategies that align with your business goals. Whether you’re launching a tech startup, running a fashion label, or developing creative content, a local IP attorney understands the nuances of NYC’s regulatory and business environment.

 

Services may include:

  • Trademark and patent registration

  • Drafting contracts and licensing agreements

  • IP litigation and dispute resolution

  • Trade secret protection strategies

 

Final Thoughts: 

In a city where competition is fierce and innovation is constant, navigating intellectual property law isn’t optional; it’s critical. By understanding your rights, registering your assets, and partnering with a trusted legal expert, you can protect your creative capital and gain a competitive edge in NYC’s dynamic business ecosystem. The Law Firm of Dayrel Sewell, PLLC is a leading intellectual property law firm in New York, dedicated to helping innovators, entrepreneurs, and businesses safeguard their ideas and maximize their value. Trust our experience to protect what matters most, your intellectual property.



Why Businesses in New York Need a Dedicated Patent Attorney


New York City is a powerhouse of innovation and entrepreneurship. From tech startups to fashion houses, companies across the city thrive on fresh ideas. But in a market as fast-paced and competitive as New York’s, innovation isn’t enough protecting it is essential.

That’s where a dedicated patent attorney becomes a valuable asset. Whether a business is creating new technology, developing unique processes, or inventing a product, patent protection helps secure a competitive edge. At Sewell Law, attorney Steve Ngo, an experienced patent attorney, offers experienced and strategic patent services designed to meet the evolving needs of New York businesses.

Law Firm of Dayrel Sewell explains ehy your business needs a patent attorney in NYC.

Patents Are Business Assets

For many companies, their most valuable assets aren’t physical; they’re ideas. Innovations like software algorithms, product designs, and new manufacturing methods can create real revenue and market share. But without legal protection, they can be copied, modified, or even patented by someone else.

This is especially risky in a place like New York, where ideas spread quickly and competition is intense. A patent lawyer helps ensure your intellectual property stays yours. By working with a legal professional who understands the patent process, businesses can reduce risks and increase their long-term value.

 

The Role of a Patent Attorney

A patent attorney does far more than fill out forms. They help businesses navigate the complex world of intellectual property law, starting with whether something is even patentable.

Key services typically include:

  • Determining patent eligibility

  • Conducting detailed patent searches

  • Drafting and filing applications

  • Responding to the U.S. Patent and Trademark Office (USPTO)

  • Advising on enforcement and infringement issues

At Sewell Law, Steve Ngo brings both legal knowledge and real-world business insight. He helps clients understand not just what they can protect, but how to turn protection into strategy.

 

Local Knowledge Matters

Although patents are governed by federal law, businesses benefit from working with a New York-based patent law firm. Why? Because local counsel understands the industries that thrive here, fintech, fashion, biotech, and media, to name a few, and the unique challenges they face.

Whether you’re a startup in Queens or a manufacturer in the Bronx, a firm like Sewell Law provides support grounded in both law and location. Steve Ngo’s experience with New York businesses allows him to offer practical, tailored advice, especially for companies navigating growth or scaling products quickly.

 

Common Patent Mistakes

Businesses sometimes assume they can handle the patent process on their own. Others wait too long to apply or believe their idea isn’t worth protecting. These are risky assumptions.

Here are a few mistakes a patent lawyer helps prevent:

  • Filing too late, after the product is publicly disclosed

  • Using broad or unclear language in the application

  • Overlooking existing patents during research

  • Failing to protect international markets

  • Ignoring ongoing patent maintenance requirements

Even one of these missteps can cause a strong idea to lose its value. That’s why early consultation with a patent attorney is always a smart move.

 

Industries That Need Patent Help

Any business with a unique product or process can benefit from legal protection. But certain sectors face more exposure and complexity than others. In New York, some of the most patent-dependent industries include:

  • Technology – software, apps, and platforms

  • Healthcare and biotech – devices and treatment methods

  • Fashion and product design – apparel, accessories, and packaging

  • Engineering and manufacturing – tools, systems, and machinery

These businesses often deal with short development cycles and high competition, meaning they can’t afford to skip legal protection. A trusted patent law firm ensures it stays ahead of both legal challenges and market threats.

 

Beyond Just Filing

While filing patents is the starting point, long-term support matters too. A qualified patent attorney will help clients manage a growing portfolio of patents, avoid infringement lawsuits, and explore licensing opportunities.

This is where working with a dedicated patent law firm like Sewell Law offers clear advantages. Rather than taking a one-off approach, Steve Ngo builds relationships with clients and tailors services around their goals.

Whether it’s reviewing an investor pitch, preparing a product launch, or navigating an office action from the USPTO, having someone familiar with your business makes the process more efficient and far more effective.

 

Why Choose Sewell Law

Not all patent law firms are alike. Some focus on volume processing, as many filings as possible,  while others offer more personalized service. At Sewell Law, clients work directly with Steve Ngo, who combines legal experience with a strong grasp of business needs.

Steve works closely with business owners to:

  • Identify what should be patented

  • Prepare strong applications

  • Handle USPTO responses

  • Strategize for long-term growth

This hands-on approach helps businesses not only protect their ideas but also understand how to use their intellectual property as a tool for revenue, investment, and market leadership.

 

Conclusion

In a city that never slows down, New York businesses can’t afford to leave their innovations exposed. A dedicated patent attorney is more than a legal advisor; they are a partner in growth. From protecting core assets to helping guide investment strategy, patent counsel can be the safeguard that turns a good idea into a great business. For companies looking to secure their place in the market, partnering with a skilled patent lawyer like Steve Ngo is a smart, forward-thinking step. With his expertise and the support of Sewell Law, New York businesses can innovate with confidence.

 

FAQS

  1. What does a patent attorney do for a business?

A patent attorney helps businesses protect their inventions, products, or processes by guiding them through the patent application process. They ensure filings are accurate, legally sound, and aligned with the company’s long-term goals. Their expertise also helps businesses avoid infringement issues and manage intellectual property over time.

 

  1. Why should my business work with a local patent law firm in New York?

Working with a local patent law firm offers the advantage of industry-specific insight and personalized service. A New York-based attorney understands the city’s competitive landscape, local business practices, and can offer timely, hands-on support tailored to your market and innovation needs.



Frontline Article from Frontline Law Firm


Frontline Article from Frontline Law Firm

 
 

The LAW FIRM OF DAYREL SEWELL, PLLC is pleased to announce that Messrs. Sewell’s and Ng’s recent, featured publication, “A ‘Generic’ Victory for Specific Fact-Findings”, appears in this week’s IPFrontline newsletter (see hyperlink below).

On January 20, 2015, the U.S. Supreme Court issued a 7-2 decision holding that the Federal Circuit must apply a “clear error” standard of review when assessing a district court’s ruling on the validity of a patent. See Teva Pharm. USA, Inc. v. Sandoz, Inc., No. 13-854, 574 U.S. ___ (Jan. 20, 2015). The Supreme Court makes clear that the Federal Circuit must apply a “clear error,” not a de novo, standard when reviewing a district court’s conclusions of subsidiary factual findings made during claim construction proceedings. The decision will send the case back to the U.S. Court of Appeals for the Federal Circuit for further review allowing Teva Pharmaceuticals Industries Ltd. (Teva) to continue its sales of Copaxone without competition from generic drugmakers.

IPFrontline is a web magazine about intellectual property. The IPFrontline electronic newsletter lands in more than 15,000 e-mail boxes every week, ensuring timely delivery of top stories and articles appearing in IPFrontline online. You are encouraged to comment and receive free updates by subscribing to the firm’s Blog and Press Release sections.

A ‘Generic’ Victory for Specific Fact-Findings Frontline Article from Frontline Law Firm

 


Myriad Back in Court on Patent Subject Matter Eligibility


On June 13, 2013, the Supreme Court issued a unanimous decision holding that “genes and the information they encode are not patent eligible simply because they have been isolated from the surrounding genetic material.” See Association for Molecular Pathology v. Myriad Genetics Corp. (AMP), 133 S. Ct. 2107, 2120 (2013). Attorney Sewell’s publication entitled “Unanimous U.S. Supreme Court and Angelina Jolie: BRCA1 & BRCA2 Patentability” is widely disseminated, well-received by his peers, and sparks considerable commentary.

 

Background

In somewhat of a twist, the Supreme Court’s decision against the patentability of isolated DNA prompted more—not less—litigation by Myriad regarding gene patents. Between 1997 and 2013, Myriad’s revenue from its BRACAnalysis test steadily increased, and totals more than $2 billion. BRACAnalysis is a genetic test that confirms the presence of BRCA1 or BRCA2 gene mutations, responsible for the majority of breast and ovarian cancers. Myriad earned that revenue by carefully guarding its patent rights and preventing others from providing screening tests for the BRCA1 and BRCA2 genes. From the mid-1990s, until the Supreme Court’s AMP decision, Myriad was the lone provider of full-sequence BRCA1 and BRCA2 tests in the United States. Within days of the Supreme Court’s AMP decision, Defendant Ambry Genetics Corporation announced plans to sell tests less expensive than Myriad’s to screen BRCA1 and BRCA2 genes. Ambry Genetics Corporation is a clinical diagnostic and genomic services company in Aliso Viejo, California. Defendant now offers a menu of at least six tests that include screening for BRCA1 and BRCA2: a combined BRCA1/BRCA2 test, BRCAPlus, BreastNext, PancNext, Ova Next, and CancerNext. Defendant’s BRCA1/BRCA2 test is available for $2,200—substantially less than the price for comparable testing offered by Myriad.

Soon after Defendant Ambry made its announcement, Myriad filed a complaint in the District Court of Utah alleging that Ambry’s genetic testing infringes several of Myriad’s patents. Myriad also moved for a preliminary injunction to enjoin Defendant Ambry from sales or offers to sell “genetic tests including a BRCA1 or BRCA2 panel”. Ambry opposed the motion, alleging that the claims were invalid under 35 U.S.C. § 101 et seq. The district court divided the Myriad gene patent claims at issue into the Primer Claims and the Method Claims.

On March 20, 2014, the Utah District Court held that Plaintiffs are not entitled to a preliminary injunction because “although Plaintiffs have shown they are likely to be irreparably harmed if an injunction does not issue, Defendant has raised substantial questions concerning whether any of the patent claims at issue in Plaintiffs’ Motion are directed toward patent eligible subject matter under 35 U.S.C. § 101”. Myriad then appealed to the Federal Circuit the denial of its motion for a preliminary injunction.

U.S. Federal Circuit Court of Appeals

On October 6, 2014, Chief Judge Prost and Judges Dyk and Clevenger of the U.S. Court of Appeals for the Federal Circuit heard oral argument in the interlocutory appeal of the Utah district court’s denial of Myriad’s motion for preliminary injunction against Ambry Genetics. In re BRCA1- and BRCA2- Based Hereditary Cancer Test Patent Litigation, Case Nos. 14-1361, -1366. The two main issues that dominated the argument are: 1) the correct implementation of the test for patent eligibility; and 2) the application of this test to probes and primers. The impact on the biotechnology industry was also discussed.

Jonathan E. Singer, counsel for Myriad, began by arguing that both the Federal Circuit and the Supreme Court had previously acknowledged that Myriad was entitled to patent some applications of their newly-discovered gene sequence and tools designed specifically to utilize that sequence. Myriad argues that primer pairs are patent subject matter eligible under 35 U.S.C § 101 because the pairs are structurally and functionally different than a single fragment of DNA. Counsel for Myriad also argued that, as a whole, the method of screening for alterations on the BRCA genes involves steps of the method claims, when considered together, effect an improvement in a technical field – by using Myriad’s probes and primers that Myriad invented.

With respect to the primer claims, Ambry argues that these claims are patent-ineligible because, in addition to reciting patent-ineligible products of nature, the claims fail under Alice because they are a generic component used to amplify a person’s gene sequence to access the sequence information for the patent-ineligible sequence comparison. As for the method claims, Ambry argues that under Alice, “the combination of unpatentable subject matter and a generic physical application is no more patent eligible than a claim reciting only the unpatentable subject matter.” See Ambry Supplemental Brief at page 3.

Conclusion

What is clear from the district and appellate court arguments is that it does not appear likely that Myriad will be successful in its attempts to preliminarily enjoin Ambry. Additionally, the biotechnology industry is looking towards the Federal Circuit for guidance on the correct implementation of patent subject matter eligibility under Myriad, Mayo, and Alice.

patent, trademark, copyright, trade secret, intellectual property, unfair competition



Intellectual property (patents, trademarks, copyrights, trade secret) is all around us and is valuable. The things that we use, watch, and buy are items that were thought of and then put into practice. Attorneys at the New York LAW FIRM OF DAYREL SEWELL, PLLC protect your intellectual property, so that you can maximize value. The majority of our attorneys possesses scientific training and is well-experienced in the litigation and prosecution aspects of patents, trademarks, copyrights, trade secrets, licensing, unfair competition, and more. Our passion and commitment is unmatched and is one of several aspects that set us apart from our peers. We care. As a result, our clients receive legal expertise with individualized attention by attorneys who are invested in the outcome of your matters. Our clients realize the value that this law firm delivers and are committed to a long-term, rewarding, attorney-client relationship.