Understanding Likelihood of Confusion in Trademark Law

Scott ThorntonInventor Help, Trademark Law, Trademarks

The registered trademark symbol is an "R" in a circle.

For businesses in Las Vegas, branding matters. Your trademark identifies your business, distinguishes your goods or services from competitors, and helps consumers recognize your brand in a crowded marketplace. Protecting your brand with a federal trademark is a smart move to safeguard your identity and ensure long-term success. Strong trademarks create commercial value. Weak or conflicting trademarks create legal headaches. … Read More

The Art of Patent Claims

Scott ThorntonInventor Help, Patent Attorney, Patent Law

Faloon Metallic and Barbed Wire Fence

If you have ever read a patent, you probably noticed that claims came across as awkward, repetitive, and unnatural. Words repeat. Sentences run long. The structure feels rigid. Your high school English teacher would probably wonder how a patent practitioner ever got into college. But patent claims are not the result of bad grammar or poor prose. They do not … Read More

Cannabis IP Update: DOJ Reschedules Cannabis to Schedule III

Scott ThorntonAnnouncements, Inventor Help, Patent Law, Patent Office, Trademarks

Nebulizer Patent

On December 18, 2025, President Trump ordered that cannabis will be rescheduled from Schedule I to Schedule III under the Controlled Substances Act. Today, the federal government has finally taken action on cannabis rescheduling. After months of delay, the United States Department of Justice has moved certain state-licensed medical cannabis products out of Schedule I and into Schedule III. This … Read More

How Long Does It Take to Get a Patent?

Scott ThorntonInventor Help, Patent Office

Florence Kroeber Alarm Clock

“How long does it take to get a patent?” It’s one of the most common questions I receive, and in most cases, the process takes longer than inventors expect. Most U.S. patent applications take about two to four years from filing to issuance. Some move faster and issue in closer to a year. Others take five years or more. The … Read More

A Thorough Invention Disclosure Includes Secondary Considerations

Scott ThorntonInventor Help, Patent Law, Patent Office

Thomas Edison Phonograph or Talking Machine - Patented 1916

Inventors tend to focus on describing how their invention works. They explain the components, the structure, and the intended use. That is necessary, but it is not enough. Most inventors have never heard the phrase “secondary considerations,” and even those who have tend to underestimate it. The term sounds like an afterthought, something optional or minor, but in patent law … Read More

First to File and Patentability: Both Matter

Scott ThorntonInventor Help, Patent Law

A classic clock mechanism from the early 20th century

The United States patent system follows a first-to-file rule. This means the inventor who files a patent application first usually secures the earliest priority date for an invention. If two people independently create similar technology, the inventor who files first generally has the stronger legal position. For inventors, this creates an important lesson. Timing matters. Waiting too long to file … Read More

An Inventor’s Guide To Strong Provisional Applications

Scott ThorntonInventor Help, Patent Law, Uncategorized

Patent Pending puts the public on notice that a patent application has been filed.

A provisional patent application can be one of the most useful tools available to independent inventors. It allows you to secure an early filing date, establish “patent pending” status, and continue developing your invention while you prepare a full patent application. The key is understanding what a provisional application actually does. It protects what you disclose at the time you … Read More

An Inventor’s Guide to Novelty

Scott ThorntonInventor Help, Patent Law, Patent Office

The famous Wright Brothers' first flight aircraft.

When inventors hear the word “novel,” they usually think of something that feels new. That instinct is correct, but patent law uses the word in a much stricter way. Novelty does not ask whether an invention is exciting, clever, or commercially valuable. It asks a single, unforgiving question: has this invention already been disclosed to the public in any meaningful … Read More

Copyright Registration: Protecting Original Works Patents and Trademarks Can’t

Scott ThorntonCopyright, Inventor Help

When people think about intellectual property, patents and trademarks usually come to mind first. Patents protect inventions. Trademarks protect brand names, logos, and other source identifiers. But neither one protects original expression—the writing, images, music, software code, and creative content that businesses and creators produce every day. Copyright protects original works of authorship once they are fixed in a tangible … Read More

Incredible Utility and the Limits of Patentability

Scott ThorntonInventor Help, Patent Law, Patent Office

Joseph Newman Energy Machine

Patent law assumes that most inventions have utility. When an application describes a specific, practical use and does not contradict established science, the USPTO generally accepts that the invention works as described and turns to questions of novelty and obviousness. That presumption ends when an invention asserts incredible utility. These are claims so implausible that a person of ordinary skill … Read More