“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
What Happens When the USPTO Rejects Your Patent Application?
Many inventors assume that once a patent application is filed with the United States Patent and Trademark Office (USPTO), the next step is simply waiting for the patent to issue. In reality, the process rarely works that way. Most patent applications enter a stage known as patent prosecution. After filing, a USPTO patent examiner reviews the application and determines whether … 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
Presidents, Founders, and the American Patent System
As we celebrate our nation’s 250th anniversary and Presidents’ Day, it is a good time to reflect on our nation’s birth, and the legal institutions the founders worked to establish. The founding generation understood that independence required much more than separation from the British Crown. Independence required durable national systems that could support economic growth, encourage innovation, and operate across … Read More
Copyright Registration: Protecting Original Works Patents and Trademarks Can’t
When people think about intellectual property, patents and trademarks usually come to mind first. Patents protect inventions. Trademarks protect brand names, logos, and other source identifiers. But neither one protects original expression—the writing, images, music, software code, and creative content that businesses and creators produce every day. Copyright protects original works of authorship once they are fixed in a tangible … 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
Gaming Patents and Why Most Card Games Are No Longer Patentable
Las Vegas runs on innovation. Casinos constantly look for new ways to attract players, refresh their floors, and stand out in an increasingly competitive market. Game designers, mathematicians, and entrepreneurs develop new table games every year, many of which perform well in real-world play. Naturally, those inventors want patent protection. But federal patent law no longer treats most card-based casino … Read More