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
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
How Long Does It Take to Get a Patent?
“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
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
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
Incredible Utility and the Limits of Patentability
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
Patent Claims: Where an Invention Becomes Enforceable Property
Inventors often spend most of their time thinking about how an invention works. They focus on the problem it solves, the components involved, and the technical details that make it different from what came before. That instinct makes sense. But in patent law, an invention does not become enforceable property until it is defined by patent claims. Patent claims are … Read More
Government Shutdown and IP — What It Means for Vegas Inventors
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
What Is Patentable Subject Matter?
If you’re an inventor or entrepreneur in Las Vegas or anywhere, one of the first questions you may ask is: “Can I even patent my idea?” The answer starts with Section 101 of the Patent Act, which defines the categories of inventions eligible for patent protection in the United States. While other sections of the Patent Act deal with novelty … Read More