Author name: Gary Shuster

Provisional patent applications are the “bookmark” of the patent world. They establish your patent filing date, but never mature into an actual patent. Instead, they give you (normally) a year to file your actual patent application — an application that in turn enjoys the priority filing date of the provisional.

The Administration has floated the idea of taxing patents based on their value. This is a terrible idea — it will silence small inventors, impair startups and drive existing patent holders to offload their patents to patent enforcement entities (some call them “patent trolls”). This is a terrible idea, and one that will leave US innovation in tatters.

In the world of patents, most advice focuses on claims, enablement, and prior art searches. We hear about how carefully we must draft every line so as not to accidentally limit the scope of our invention, or about how best to respond to office actions from the patent examiner. But there’s another aspect to the process that’s often overlooked: the power of language and accessible explanations of commercial value within the patent application itself.

In the United States, patent marking is a crucial but often overlooked aspect of patent strategy. At its core, patent marking involves labeling a product—or product packaging—to indicate that the product is covered by one or more issued patents. The practice is guided by 35 U.S.C. § 287, a statute that spells out when and how a patent owner must mark products to preserve the right to collect certain types of damages in an infringement lawsuit.

When you file a patent application, you may qualify for a large or even huge discount on your filing fees if you qualify as a small or micro entity. Learn how to qualify.

The Patent Cooperation Treaty (PCT) is an international treaty administered by the World Intellectual Property Organization (WIPO). It provides a unified procedure for filing patent applications in participating countries, simplifying the process for applicants seeking protection in multiple jurisdictions. The PCT is a great innovation, but it has limits. A PCT filing will not, by itself, result in an enforceable patent. Rather, it preserves your rights (and filing date) in member countries. It’s complex, so check with your lawyer.

Alice v. CLS Bank massively restricted what can be patented in the United States. Unlike most cases that upend an industry, Alice has been an ongoing source of confusion among lower courts, patent professionals, and inventors. Alice’s legacy of uncertainty threatens innovation.

In U.S. patent law, literal infringement is the most straightforward way to prove that a competitor’s product or process violates your patent: the accused device or method must meet every element (or limitation) of at least one patent claim exactly as written. But what happens when an alleged infringer makes small, arguably minor changes—tweaking a step or substituting a component—yet still achieves the same overall result in essentially the same way? Enter the doctrine of equivalents (DOE).

Thinking of patenting a new design? Step one: make sure it hasn’t been done before. This guide teaches you how to sleuth out existing designs (prior art). Learn practical search tips and tools.

Innovators aiming for global impact need to know about the European Patent Office. This article demystifies the EPO, which grants patents across dozens of countries at once. Learn how the European patent system works, how it differs from the U.S., and why securing international protection can be a game-changer for big ideas.

The Hatch-Waxman Act seeks to establish better rules for medical patents, particularly given that FDA approval can take many years. This piece breaks down how this landmark law balances pharmaceutical innovation with public access, making it easier for generics to launch while rewarding drug inventors. It’s a behind-the-scenes look at patents and pills in America.

Sometimes a patent can last longer than 20 years (thanks to Patent Term Adjustment). This article explains how delays at the patent office can extend your patent’s life, and how related patents can cut it short. It’s a must-read for inventors looking to maximize their patent’s lifespan.

Toward the end of President Obama’s first term, the rules for US patents changed dramatically. This article breaks down the America Invents Act, the 2011 law that switched the U.S. to a “first-to-file” patent system and introduced new, highly infringer-friendly ways to challenge patents. Find out how these changes affect today’s inventors and startups.

The Patent Trial and Appeal Board (PTAB) is an administrative court (part of the Executive Branch) that hears appeals from decisions of patent examiners and is empowered to hear Inter-Parties Review (IPR) cases – a method for infringers to invalidate issued patents with ease and speed. This led the former chief judge of the Federal Circuit Court of Appeals to call it a “Patent Death Squad). This article also dives into the Supreme Court’s Arthrex case, which shook up how PTAB judges are appointed.

If you’ve never heard of a “terminal disclaimer,” you’re not alone—yet this obscure filing can shorten a patent’s life. In reader-friendly terms, the article explains why inventors sometimes have to file a terminal disclaimer to avoid overlapping patents on the same invention. Find out how this affects the duration of patent protection and what it means for managing your intellectual property.

Who should help you file your patent—an agent or an attorney? This explainer outlines the differences between patent agents and patent lawyers. Learn about their qualifications (agents are non-lawyers with a science background while lawyers are, well, lawyers with science backgrounds), what each can do for you, and how to choose the right ally to protect your invention and navigate the patent system.

Every granted patent comes with a story hidden in its file wrapper—the written record of its journey through the patent office. This guide teaches you how to read that “prosecution history,” from the back-and-forth letters between inventors and examiners to any changes made along the way. Unlock this behind-the-scenes narrative to gain deeper insight into how and why a patent was granted.

Certain words in a patent application can be downright dangerous to your dreams. This provocatively titled piece explains “patent profanity” – those seemingly harmless terms and admissions that can sabotage your patent’s scope. Find out what not to say in your patent paperwork and why precise language is key to securing strong protection for your invention.

As AI tools make it easier to solve problems, what happens to our standard of what’s patentable? This thought-provoking piece asks if generative AI should change what we consider to be “ordinary skill in the art” — the ruler against which we measure obviousness in patent law. It explores how smarter tools could change patent law’s benchmarks, and whether the definition of an average skilled person should evolve in the age of AI-driven innovation.

Can you sue for patent infringement worldwide? Not exactly—patents are territorial. Using a real case involving Nintendo and the hit game Pokémon GO, this piece explains how patent rights stop at a country’s border. Learn why a technology might be infringing in one country but perfectly legal in another, and how companies navigate this patchwork when protecting their innovations internationally.