Every successful invention begins with an idea, but turning that idea into a valuable asset requires more than creativity. Independent inventors often invest significant amounts of time, money, and effort into developing something new, only to discover that a preventable mistake has weakened their legal rights or slowed their progress. Fortunately, many of these mistakes can be avoided with proper … Read More
Why Inventors Should Keep an Inventor’s Notebook
Inventors often think about patents in terms of ideas. They imagine the product, the device, the system, the software, or the improvement they want to protect. Patent law, though, does not reward vague ideas. It rewards inventions that the application describes, claims, enables, and distinguishes from the prior art. That is where records matter. A well-kept inventor’s notebook can become … Read More
The Art of Patent Claims
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
Can AI Draft a Patent Application? What Inventors Need to Know
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
Thinking Ahead By Adding Alternative Embodiments
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
The Importance of a Thorough Invention Disclosure
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
Understanding Obviousness In Patent Law
When it comes to patent applications, inventors often focus on novelty. Yes, an invention must be new in order to be granted patent rights. But novelty alone isn’t enough. United States patent law imposes another critical requirement—nonobviousness. Even if an invention has never been seen before, the U.S. Patent and Trademark Office (USPTO) can still reject it if the invention … Read More
Emergency Preparedness
On Tuesday, December 22, the United States Patent and Trademark Office headquarters in Alexandria, Virginia experienced a major power outage. This outage caused significant damage to the USPTO’s electronic systems, which required the USPTO to shut down the vast majority of its online and IT systems. As a result, the USPTO’s Electronic Filing System (EFS), patent searching and information retrieval systems, electronic payment … Read More
Understanding An Inventor’s Duty of Disclosure, Candor and Good Faith
As a patent attorney, I enjoy advising my clients on issues related to their patent applications and issued patents. Most issues I address pertain to the technical and proprietary aspects of their inventions and how to effectively prepare, file and prosecute their patent applications. For an inventor, obtaining a patent is an exciting time. But in the excitement of obtaining … Read More
Inventing: A Bold Bull Move For Bear Markets
Sometimes, equity markets just aren’t the place to be. In good times, riding a bull market is as good an investment as can be found. But in uncertain times, investing in the stock market can be much tougher. As I write this, the U.S. markets went on one of the wildest roller coaster rides in recent memory. To follow up on … Read More
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