Patent applications must satisfy the following three criteria: Novelty. This means that your invention must not have been made public – not even by yourself – before the date of the application. Inventive step. This means that your product or process must be an inventive solution. Industrial applicability.
How To Get A Patent In NY And Protect Your Novel Idea Understand Your Invention. The first step to get a patent in NY is to clearly understand your invention. Assess Your Invention's Commercial Viability. Hire A Patent Attorney. Determine What Level Of Protection Is Required. Prepare And Submit Your Application.
I would suggest you file a Provisional Patent Application (PPA) on your own for about $60 with the US Patent Office. Once you have filed the PPA (which is never examined and isn't a real patent), you have 1 year to claim ``patent pending'' before you must file your utility patent (maybe $5000 or more).