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.
Modern rock and roll guitar owes as much to inventors and engineers as to iconic musicians. From the first electrified strings to today’s digital processing, key U.S. patents have marked turning points in how guitars sound and play. Each breakthrough – pickups, amps, effects, and even playing techniques – expanded the instrument’s sonic vocabulary. Let’s journey through the most seminal guitar-related patents and their impact on rock music, with a nod to the technical artistry behind the noise. Sadly, Nigel Tufnel never filed for a design patent on his amplifier that goes to 11, so we’ll have to skip Spinal Tap’s innovation.
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).
In this special—and extremely spicy—episode of Innovation Café, I challenged my taste buds (and sanity) by downing multiple Thai chili peppers (ranging from 50,000 to 100,000 on the Scoville scale) while venting about the difficulties small inventors face in the U.S. patent system. If you see me sweating, it’s not just the chilies. It’s also the frustration of dealing with a process so skewed toward big corporations, wealthy tech giants, and anyone with a war chest of cash to spend on patent litigation. This post dives into what’s making me so “steaming mad” and the specific hurdles innovators encounter—minus any actual flames.
When crafting a patent strategy in the United States, one of the most powerful tools available to inventors and businesses is the continuation application. Continuation practice can dramatically extend the value and scope of patent protection. This post will provide an overview of U.S. patent continuation practice, discuss why many patent owners keep an “open” continuation on file, and explain the role and strategic advantages (and disadvantages) of a Continuation-in-Part (CIP) application.
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.
How long do rights last for inventions versus creative works? This tale of two infringers—one violating a patent, the other a copyright—illustrates the stark difference. The article highlights patents’ relatively short 20-year life versus copyrights’ decades-long term, showing why these timelines matter for innovators and artists alike.
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.
For inventors and trademark holders battling copycats overseas, the International Trade Commission offers a powerful tool. Learn how the ITC can block imported products that infringe patents or trademarks at the U.S. border. This article shows a unique route—outside of court—that creators can use to protect their innovations.
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.
It sounds wonky, but the “nondelegation” doctrine could affect who makes the rules that inventors and artists live by. This article addresses the constitutional question about how much power Congress can delegate to agencies like the patent office. It then explains in plain language why a legal principle from civics class might shape the future of innovation and creative industries.
Who foots the bill at the U.S. Patent and Trademark Office? Mostly inventors themselves. This historical look explains how the USPTO is funded by user fees (and what happens when those funds get diverted elsewhere). Learn why funding quirks can affect patent examination speed and quality, and what it means for innovators counting on timely patents.
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.
Patents aren’t just defensive in preventing others from stealing your invention. They can also be used to prevent competitors from getting their own patents. This strategic guide helps innovators think smart: patent the aspects of your invention that you can, and for the rest, find clever ways to box out IP protection for competitors.
Imagine inventing something so sensitive, the government puts it under wraps. This article explores the rare situation when the U.S. government issues a secrecy order on a patent application in the name of national security. Learn how and why some cutting-edge innovations—like advanced tech or defense-related inventions—get temporarily classified, and what that means for the inventors behind them.
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.
The patent office isn’t a black box (though it sometimes feels like one)—it’s run by people with specific roles. Take a tour inside the USPTO and meet the key players who turn your idea into an issued patent. From the examiner who reviews your application, to the supervisors, board judges, and others behind the scenes, this article gives a human face to the process of protecting innovation.
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.
Here’s something inventors rarely think about: patent examiners work on a point-based quota system. This article unveils the USPTO’s “count” system, which rewards examiners for taking certain actions. Find out how these incentives can influence the examination of your application and what it means for the strategy and timing of your patent filings.
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.
Sometimes the hardest decision in the invention process is to let go. This article tells the real story of an innovator who chose not to pursue a patent after weighing the costs, competition, and potential payoff. It offers insight into why walking away can be the smartest move—and how focusing on the next idea can be more rewarding than clinging to a stalled project.
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.
If you discover someone potentially infringing your intellectual property, your first move could make all the difference. This article offers cautious advice on addressing IP conflicts without immediately demanding that the infringer stop infringing.
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.
Pokémon GO didn’t just catch millions of players—it also generated some interesting patents. This article gives a quick update on Nintendo’s U.S. patents related to the game’s augmented reality tech. Find out what inventions the creators of Pokémon GO have protected, and how those patents fit into the bigger picture of gaming innovation and intellectual property.
A patent’s 20-year term might sound long, but it can fly by. This article uses a “20-year clock” perspective to show why the lifespan of a patent is crucial. Through relatable examples (like what happened once key drug patents expired), it highlights how timing impacts profits, competition, and innovation. See why savvy inventors plan for the day their patent protection runs out.
Just got a patent granted? Congratulations—and be careful. This quick warning guide alerts new inventors to scams that target them, like fake maintenance fee invoices or misleading invention promotion companies. Learn how to spot the red flags and protect your hard-won intellectual property from those looking to take advantage of your excitement.
Tired of ho-hum brainstorm meetings? This article shares energizing techniques to supercharge innovation sessions. You’ll learn how to transform any gathering—solo or team—into a hotbed of fresh ideas and breakthrough thinking.
Deciding who gets named as an inventor on a patent is more than a formality—it’s a crucial decision. This piece explains why proper inventor naming matters for legal and ethical reasons. Learn how getting it right can affect patent ownership and enforceability, and why giving credit where it’s due fosters a healthier, more innovative team culture.
Can patents and copyrights help the economy grow? Absolutely—and this article explains how. In clear terms, learn how IP rights encourage inventors and artists to create by ensuring they can benefit from their work. See how entire industries (think smartphones, movies, biotech) have flourished in part because ideas and innovations were protected, attracting investment and fueling jobs.
Ever tried reading a patent and got lost in a maze of words? That’s a patent claim, and yes, they’re supposed to be that way. This article breaks down why patent claims are written in dense legalese and how they define exactly what an invention covers.
One patent is good—multiple patents on different parts of the same invention group can be even better. Enter patent continuations. This article explains how inventors can file applications to broaden or extend the scope of their original patent. Learn why you might keep a family of patent applications alive, how continuations work, and how they help in staying ahead of competitors by covering every angle of your big idea.
Regret hangs heavy over these two stories of “the ones that got away.” This article recounts a pair of missed chances to patent what could have been blockbuster inventions. By examining what went wrong—hesitation, lack of knowledge, or underestimating an idea—it offers valuable lessons for today’s innovators on acting decisively to protect and pursue promising ideas before it’s too late.
How does a doodle on a napkin become an official patent? This quick overview maps the journey from raw idea to invention to granted patent. In a nutshell, learn about the key steps: checking for prior art, drafting an application, the examination process, and finally holding that granted patent in hand. It’s a friendly primer for first-time inventors curious about the road ahead.
Sometimes necessity (or a legal problem) truly is the mother of invention. This article tells how grappling with a legal challenge—in this case, issues around digital file identification—led to an innovative breakthrough. Follow the story of how a pesky legal headache inspired a new file fingerprinting technology, illustrating how creative thinking can turn problems into ingenious solutions.
To file a full patent application, or start with a quick provisional filing? Inventors regularly face this question. This article outlines the key differences and steps for each route. Learn how a provisional patent application can secure an early filing date and give you a year to refine your invention, and when it’s best to go straight for the non-provisional (full) patent process. It’s a step-by-step guide to kicking off your patent strategy the right way.
A half-baked patent application can come back to haunt you. This cautionary piece explains how not fully disclosing details in your patent (whether accidentally or on purpose) can lead to invalid patents or legal trouble down the line. Through examples, it shows the costly consequences of holding back information. Fortunately, it also offers tips on how to do it right: be thorough, be clear, and cover all the inventive bases so your patent truly protects you.
If you’re not quite ready to file a full patent, a provisional application can be your best friend. This clear guide explains what provisional patents are and how they give inventors a one-year head start. Find out what to include in a provisional, how it locks in your filing date, and how to smoothly transition to a non-provisional application before the year is up—securing your invention while you fine-tune it.
New to the world of intellectual property? Start here. This overview breaks down the different types of IP in plain language. Get to know patents (for inventions), trademarks (for brands), copyrights (for creative works), trade secrets, and even publicity rights. It’s a friendly primer on how each category protects a different aspect of creativity and innovation, giving you the big picture of idea protection.
Sometimes the best way to get your patent approved is to just talk it out. This article highlights the value of requesting an interview with your patent examiner during the application process. Discover how a short conversation can clear up misunderstandings, speed up examination, and even turn a likely rejection into an allowance. It’s a pro tip that shows the human side of patenting—reminding inventors that examiners are people too, and a bit of communication can go a long way.
You’ve invented something great—but are you free to sell it? That’s where a Freedom to Operate (FTO) opinion comes in. This explanatory piece details how attorneys check if your new product might infringe someone else’s patent — and why you can never fully trust an FTO.
Big companies sometimes infringe patents on purpose—because it makes business sense. This article exposes the controversial practice of “efficient infringement,” where an infringer knowingly uses someone’s patented idea and opts to fight or pay later instead of licensing it. Explore why this happens, what it means for small inventors, and whether the law should change to keep innovation fair for the little guy.
Did you know utility patents aren’t a one-and-done deal? Meet maintenance fees—the periodic payments needed to keep a U.S. patent alive. This guide spells out when these fees are due, how much they cost, and why they exist. Whether you’re budgeting for a patent or considering letting one lapse, it’s essential reading to manage the long-term costs of protecting your invention.
Patents can change hands like property. In this one-minute guide, learn what a patent assignment is and why it matters. From startups transferring rights to investors, to inventors selling patents to big companies, see how and why ownership of an invention might shift after the patent is granted. It’s a speedy crash course on the business side of innovation.
Got a brilliant idea and ready to patent it? Before you leap, read this. It outlines the right way to patent your idea, step by step—from turning your idea into an invention to navigating patent law pitfalls. Empower yourself with knowledge to protect your invention efficiently and avoid common mistakes.
In under a minute, learn how to keep a secret in the business world. This quick primer on Non-Disclosure Agreements (NDAs) tells you the basics: what NDAs do, when you need one (say, before pitching an invention or sharing code), and key points that should be in every NDA. It’s a rapid guide to using a simple contract to safeguard your ideas and confidential information.
Travel back to 1790, when the ink on the U.S. Constitution was barely dry and the very first U.S. patent was issued—signed by President George Washington himself. This historical snippet reveals who got Patent #1 (a process for making potash, used in soap) and how the early patent system worked. It’s a charming peek at the dawn of American innovation, showing our nation’s commitment to inventors from day one.
Give us two minutes and we’ll give you a crash course on filing a utility patent. This quick guide outlines what a utility patent is (the standard patent for new inventions), and the steps to apply for one. From writing claims to navigating forms, get the essential rundown on how to move your innovation from idea to patent-pending status. It’s everything you need to know to get started, packed into a brisk read.
