Every invention starts with an idea. You recognize a problem, imagine a better way to do something, or see an opportunity that others have overlooked. But how much development does that idea need before you can file a patent application? You do not necessarily need a finished product. But you do need to understand your invention well enough to explain … Read More
How to Protect a Card Game with Copyright and Trademark Law
Developing a new card game can require a surprising amount of work. A creator may spend months developing the rules, balancing the game, designing cards and artwork, writing instructions, testing different versions, and building a name around the finished product. Practicing here in Las Vegas, I have dealt with this issue more times than I can count. I have worked … Read More
Can You Patent An Improvement To An Existing Product?
Many independent inventors believe an invention must be completely different from anything that came before it in order to qualify for patent protection. That is not how the patent system works. Many patents protect improvements to existing products, systems, and methods. In fact, much of American innovation occurs through refinement rather than complete reinvention. Inventors improve existing technology every day. … Read More
Can You Patent An Idea?
One of the most common questions inventors ask is whether they can patent an idea. The answer is usually no. Every invention starts with an idea, but the patent system protects inventions, not ideas. That distinction is important. Many people use the terms “idea” and “invention” interchangeably. Patent law does not. An idea is often the beginning of the inventive … 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
Cannabis IP Update: DOJ Reschedules Cannabis to Schedule III
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
A Thorough Invention Disclosure Includes Secondary Considerations
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
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
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
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