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
Choosing a Brand Name: Why Strong Trademarks Are Created, Not Described
Many inventors and entrepreneurs approach branding with the same mindset they bring to product design. They want clarity. They want a name that immediately explains what the product or service does. From a bottom-line perspective, that instinct makes sense. From a trademark perspective, it often creates problems. Trademark law does not protect description. It protects distinctiveness. That disconnect explains why … Read More
Patent Drawings: Why They’re Easier Than Ever to Get Right
Patent drawings sit at the intersection of law, engineering, and technical writing. They translate an idea into something a patent examiner or juror can quickly understand, and they often determine how broadly—or narrowly—an invention receives protection. While many inventors still think of drawings as mechanical sketches, modern patent practice tells a broader story. Today’s drawings explain physical structures, system architecture, … Read More
Happy Holidays From The Thornton Firm
As the year comes to a close and our minds turn to the holidays, I want to pause and offer my thanks. To clients, colleagues, and friends in Las Vegas and beyond, your trust and support have meant a great deal this year. It has been a privilege to assist inventors and businesses as ideas took shape and plans moved … Read More
Cannabis Rescheduled to Schedule III: What This Means for Federal IP Protection
Today’s executive order that cannabis will be rescheduled from Schedule I to Schedule III under the Controlled Substances Act marks a significant shift in federal drug policy. The change does not amount amount to an act of Congress. Nor does this amount to full federal legalization. However, it reflects a formal recognition that cannabis has accepted medical use under federal … Read More
What Is Prior Art?
When you pursue a patent, few concepts matter more than prior art. Prior art forms the foundation of every novelty and obviousness determination the United States Patent and Trademark Office makes. Patent examiners do not evaluate inventions in isolation. They analyze them through the lens of what the public already knows. For independent inventors, understanding how examiners view earlier disclosures … Read More
Can AI Draft a Patent Application? What Inventors Need to Know
Artificial intelligence is everywhere. From self-driving cars and automated chatbots to legal research platforms and business tools. It is no surprise that AI has entered the world of intellectual property law, especially patent drafting. The AI revolution today makes the personal computing revolution of the 1980s look more like the introduction of adding machines in the 1880s. AI can create … Read More
The Enablement Requirement: Teaching the World How to Make and Use Your Invention
Last week, I discussed the written description requirement under Section 112 and how it helps inventors stake the boundaries of their invention — much like miners and ranchers in Nevada once marked the metes and bounds of their land. This week, we turn to the companion requirement under the same statute: enablement. If the written description defines the territory, then … Read More
Gratitude and the Spirit of Innovation
Thanksgiving gives us the opportunity to pause, reflect, and appreciate the things that make our lives meaningful. Here in Las Vegas, I am grateful for the creative and innovative spirit that drives everything from entertainment to designs to technology. Creativity doesn’t just fuel our economy; it defines our identity as a city. Celebrating Creativity and Innovation Few cities blend creativity … Read More
The Written Description Requirement: Staking Your Claim
Nevada earned its nickname, the Silver State, because generations of prospectors, miners and settlers knew what it meant to stake a claim. They walked the land, marked boundaries, filed their notices, and documented their property rights with precision. The process was not symbolic. It determined ownership. The written description requirement under 35 U.S.C. §112(a) works the same way. When you … Read More