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

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

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

Patent Claims: Where an Invention Becomes Enforceable Property

Scott ThorntonInventor Help, Patent Law, Patent Office

The original barbed-wire fence invented by Joseph F. Glidden

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

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

What Is Patentable Subject Matter?

Scott ThorntonInventor Help, Las Vegas, Patent Law, Patent Office

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

Understanding Obviousness In Patent Law

Scott ThorntonInventor Help, Patent Attorney, Patent Law, Patent Office

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

What Is A Patent Attorney?

Scott ThorntonInventor Help, Patent Law, Patent Office

Gears often represent utility patents for describing how an invention works.

If you’ve ever had an idea for an invention, you’ve probably heard the term “patent attorney.” But what exactly is a patent attorney? How do they qualify for this specialized role? And what services does a patent lawyer provide to inventors and businesses? As a Las Vegas patent attorney, I hope to give clear answers to those questions. What Is … Read More