IP Attorney New York Trusted Protection for NRIs & OCIs

For Non-Resident Indians (NRIs) and Overseas Citizens of India (OCIs), securing intellectual property (IP) rights in the United States is a strategic priority. Whether you are launching a startup, expanding your brand, or creating original content, protecting your intellectual property is essential. An experienced IP attorney New York offers the legal expertise and cross-border understanding needed to register and defend patents, trademarks, and copyrights in the U.S. and India.

Why NRIs & OCIs Need an IP Attorney New York

Indian-origin entrepreneurs and high-net-worth individuals often deal with legal complexities when protecting their innovations in the U.S. A knowledgeable IP attorney New York helps clients:

File patents and trademarks with the United States Patent and Trademark Office (USPTO)
Navigate U.S. copyright law for creative works
Coordinate with Indian legal teams for dual registration
Resolve intellectual property disputes across borders

Key Legal Frameworks

U.S. Intellectual Property Laws

Patent Act (35 U.S.C.): Covers utility, design, and plant patents
Lanham Act: Governs U.S. trademark registration and enforcement
Copyright Act (17 U.S.C.): Protects software, content, and original works

Indian IP Laws Impacting NRIs

Patents Act, 1970: Streamlined for NRIs and startups
Trade Marks Act, 1999: Vital for Indian-origin brands
Copyright Act, 1957: Recognises and protects digital and creative work

Recent Indian updates include reduced filing fees for DPIIT-recognised startups and NRIs, along with digital simplifications. Courts like the Delhi High Court have also enforced judgments in favour of NRIs in cross-border infringement matters.

Brand Registration for Indian Businesses in the U.S.

Indian businesses entering the U.S. must comply with the Lanham Act, which operates on a “first-to-use” system unlike India’s “first-to-file” rule. An IP attorney New York assists by:

Conducting USPTO trademark searches
Filing complete and accurate applications
Monitoring and defending trademarks from infringement
Coordinating with Indian counsel for bilateral protection

This is particularly relevant to Indian tech, hospitality, and lifestyle brands with a U.S. presence.

How an IP Attorney New York Helps With Patents and Copyrights

A skilled IP attorney New York supports Indian-origin inventors and creatives through:

Patent Registration: Drafting and filing patents for software, devices, or biotech innovations. Ensuring eligibility under U.S. law and guiding clients on how to claim international priority using the Paris Convention or Patent Cooperation Treaty (PCT).
Copyright Protection: Registering original music, videos, software, and publications. Enforcing rights through litigation or negotiation if infringement occurs.

Intellectual Property Disputes: Cross-Border Solutions

Legal conflicts can arise from:

Trademark impersonation of Indian brands in the U.S.
Patent infringement involving Indian-born inventors
Copyright theft of Indian-origin digital content

A global IP lawyer NYC provides a bridge between Indian and U.S. legal systems, enabling NRIs and OCIs to initiate legal action or defend their rights internationally. They help by:

Sending cease-and-desist notices
Negotiating licensing and settlement agreements
Representing clients in U.S. federal courts or coordinating with Indian advocates

Indian IP Adjudication Updates Benefiting NRIs

Indian courts are fast-tracking intellectual property cases. The Delhi High Court now encourages judgment within four months of suit filing. Recent examples include:

A ₹3.34 crore judgment in March 2025 for medical device counterfeiting (approx. US$400,800)
A ₹5 lakh contempt penalty in February 2025 for trademark injunction violation

These rulings highlight stronger IP protection and reinforce the value of dual legal strategies.

Frequently Asked Questions (FAQs) for NRIs and OCIs

1. Can I file a U.S. patent from India as an NRI?

Yes. You can file directly with the USPTO or under the PCT. Consult an IP attorney New York to comply with Indian foreign filing regulations and maximise international protection.

2. What if my Indian brand is used in the U.S. without permission?

You can file a trademark infringement lawsuit under the Lanham Act. It’s recommended to register in both countries. Your IP attorney New York will guide the process.

3. Do I need trademark registration in both India and the U.S.?

Yes. Each country grants rights independently. Dual registration strengthens enforcement and cross-border branding.

4. Can I sue a U.S.-based company for infringing my Indian copyright?

Yes, under the Berne Convention, but U.S. copyright registration improves enforceability. A global IP lawyer NYC will handle your claim effectively.

5. Is it possible to resolve IP disputes from overseas?

Yes. A reliable IP attorney New York will represent you locally, reducing the need for travel while keeping you updated.

Final Thoughts: Protect Your IP With Confidence

NRIs and OCIs building businesses or careers in the U.S. must take proactive steps to protect intellectual assets. A specialised IP attorney New York can safeguard your patents, trademarks, and creative works, ensuring your innovations receive the recognition and legal shield they deserve.

About LawCrust

LawCrust Legal Consulting, a subsidiary of LawCrust Global Consulting Ltd., is a trusted legal partner for NRIs and Indians across the globe. Backed by a team of over 70 expert lawyers and more than 25 empanelled law firms, we offer a wide range of legal services both in India and internationally. Our expertise spans across legal finance, litigation management, matrimonial disputes, property matters, estate planning, heirship certificates, RERA, and builder-related legal issues.

In addition to personal legal matters, LawCrust also provides expert support in complex corporate areas such as foreign direct investment (FDI), foreign institutional investment (FII), mergers & acquisitions, and fundraising. We also assist clients with OCI and immigration matters, startup solutions, and hybrid consulting solutions. Consistently ranked among the top legal consulting firms in India, LawCrust proudly delivers customised legal solutions across the UK, USA, Canada, Europe, Australia, APAC, and EMEA, offering culturally informed and cross-border expertise to meet the unique needs of the global Indian community.

IP Attorney New York Helping NRIs Protect Patents, Trademarks, and Brands