What Is Prior Art?

Scott ThorntonInventor Help, Patent Law

Thomas Edison's Electric Lamp Bulb, patented 1880

When you pursue a patent, few concepts matter more than prior art. Prior art forms the foundation of every novelty and obviousness determination the United States Patent and Trademark Office makes. Patent examiners do not evaluate inventions in isolation. They analyze them through the lens of what the public already knows. For independent inventors, understanding how examiners view earlier disclosures … Read More

Can AI Draft a Patent Application? What Inventors Need to Know

Scott ThorntonInventor Help, Patent Attorney, Patent Law

George Grant - Calculating Machine, Patented 1880

Artificial intelligence is everywhere.  From self-driving cars and automated chatbots to legal research platforms and business tools.  It is no surprise that AI has entered the world of intellectual property law, especially patent drafting.  The AI revolution today makes the personal computing revolution of the 1980s look more like the introduction of adding machines in the 1880s. AI can create … Read More

The Enablement Requirement: Teaching the World How to Make and Use Your Invention

Scott ThorntonInventor Help, Patent Law

Last week, I discussed the written description requirement under Section 112 and how it helps inventors stake the boundaries of their invention — much like miners and ranchers in Nevada once marked the metes and bounds of their land. This week, we turn to the companion requirement under the same statute: enablement. If the written description defines the territory, then … Read More

The Written Description Requirement: Staking Your Claim

Scott ThorntonInventor Help, Old Patents, Patent Law

Nevada earned its nickname, the Silver State, because generations of prospectors, miners and settlers knew what it meant to stake a claim. They walked the land, marked boundaries, filed their notices, and documented their property rights with precision. The process was not symbolic. It determined ownership. The written description requirement under 35 U.S.C. §112(a) works the same way. When you … Read More

Do You Need A Prototype?

Scott ThorntonInventor Help, Old Patents, Patent Law

Many inventors believe that building a working prototype is the first step toward protecting and commercializing their invention. While a prototype can be extremely helpful, it is not always necessary—and it certainly doesn’t have to be perfect. Understanding when and why to build one can save you time, money, and frustration. Is a Prototype Required for a Patent Application? In … Read More

Thinking Ahead By Adding Alternative Embodiments

Scott ThorntonInventor Help, Old Patents, Patent Attorney, Patent Law

When drafting a patent application, the best way to protect an invention is to describe alternative embodiments. Alternative embodiments are variations, modifications, or different implementations of the same inventive concept. They expand the scope of protection and make it harder for competitors to design around your invention. Competitors constantly look for ways to “design around” issued patents. Designing around means … Read More

Government Shutdown and IP — What It Means for Vegas Inventors

Scott ThorntonAnnouncements, Inventor Help, Patent Office

When the federal government entered a funding lapse on October 1, 2025, many independent inventors and small businesses were left wondering how the government shutdown might affect their rights. Here in Las Vegas, where entrepreneurs move fast and competition is intense, the concern makes sense. Intellectual property isn’t just a legal formality. Intellectual property is fundamental to a successful business. … Read More

Do I Really Need a Patent?

Scott ThorntonGallery, Inventor Help

For many independent inventors, one of the first questions that comes up after a flash of inspiration is simple but important: Do I really need a patent? The answer depends on what your goals are, what kind of invention you’ve developed, and how you plan to bring it to market. Patents are valuable tools, but they’re not always necessary. Understanding … Read More

Understanding Design Patents

Scott ThorntonGallery, Inventor Help, Old Patents, Patent Law

When people think of patents, they often picture complex machines or breakthrough pharmaceuticals. But not all inventions are about how something works. Sometimes, it’s about how it looks. That’s where design patents come in. Design patents protect the ornamental appearance of a product rather than its structure or function. For many businesses, especially those in consumer products, electronics, or fashion, … Read More

The Importance of a Thorough Invention Disclosure

Scott ThorntonInventor Help, Patent Attorney

Every successful patent application begins long before the first claim is written or the filing is made with the United States Patent and Trademark Office (USPTO). It begins with something much more fundamental — the invention disclosure. A well-prepared invention disclosure is the cornerstone of a strong patent application. Providing details makes the difference between a robust, enforceable patent and … Read More