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
Memorial Day 2026
As America approaches its 250th anniversary, Memorial Day reminds us that generations of Americans gave their lives to defend this country and the principles upon which it was founded. Here in Las Vegas and throughout Southern Nevada, we honor those who made the ultimate sacrifice for the United States of America. At The Thornton Firm, we proudly salute and remember … Read More
Understanding Likelihood of Confusion in Trademark Law
For businesses in Las Vegas, branding matters. Your trademark identifies your business, distinguishes your goods or services from competitors, and helps consumers recognize your brand in a crowded marketplace. Protecting your brand with a federal trademark is a smart move to safeguard your identity and ensure long-term success. Strong trademarks create commercial value. Weak or conflicting trademarks create legal headaches. … 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
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
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