Patent and Trademark

Receiving a patent is an important milestone, but its value is not determined by the number of pages, the complexity of the drawings, or how innovative the product looks. The legal value of a utility patent depends on its claims. Federal law requires every application to conclude with one or more claims that particularly point out and distinctly claim the invention, and the USPTO describes them as the heart of the application because they establish what the patent covers and, equally important, what it does not. If the patent issues, the claims define what the owner may stop others from...

Once an inventor decides an idea may be worth patenting, another decision follows quickly: begin with a provisional application, or go directly to a non-provisional application? The answer depends on more than cost. The stage of development, upcoming launches or investor discussions, how fast the technology is changing, and international goals all shape the choice. One clarification first, because the vocabulary causes confusion: there is no such thing as a “provisional patent.” There is only a provisional application, which never becomes a patent on its own. A non-provisional application is the one the USPTO examines and the only one that...

Patent disputes can seem removed from the day-to-day concerns of entrepreneurs and growing businesses. A recent California jury verdict involving Apple shows why they should not be. On September 25, 2026, a federal jury in San Diego found that Apple infringed two patents owned by Taction Technology covering haptic feedback technology and awarded approximately $5.7 billion in damages, reported as the largest patent verdict in U.S. history. Apple has said it will appeal, so the award may still be reduced or overturned through post-trial motions or appellate review.  The size of the verdict attracted the headlines, but the more useful...

Developing an innovative product can take years of research, engineering, investment, and testing. Before bringing that product to market, there is another question businesses should consider: even if the product is original, does someone else already own patent rights that could restrict its commercialization?  This is the question a freedom-to-operate search, often called an FTO search or clearance search, is designed to address. Unlike a patentability search, which asks whether an invention may qualify for its own patent, a freedom-to-operate analysis examines whether making, using, selling, offering to sell, or importing a particular product or process could infringe enforceable patent...

Receiving a federal trademark registration is an important milestone for any business, but it is not the end of the trademark protection process. Unlike certain intellectual property rights that simply remain in effect for a fixed term, trademark rights depend on continued use, proper maintenance, and ongoing protection of the brand in the marketplace.  For California businesses, a registered trademark can become one of the company's most valuable long-term assets. A recognizable business name, product name, logo, or slogan accumulates goodwill as customers come to associate it with a particular company. Preserving that value means understanding the maintenance filings the...

Podcasts have become more than just a way to share ideas. Today, a successful podcast can grow into a recognizable brand, generate advertising revenue, sell merchandise, and even lead to books, live events, television shows, or movies. But as your audience grows, so does the value of what you have created. Your podcast name, logo, episodes, artwork, scripts, and other original content may all have intellectual property protections. Understanding the basics of trademark and copyright law can help creators protect their work and avoid problems down the road. Taking a few legal steps early can be much easier than trying...

For California entrepreneurs and inventors, deciding when to file a patent application can be almost as important as deciding whether to pursue patent protection at all. File too late, and public disclosures, sales activity, or a competitor's filing may limit valuable rights. File too early, before the invention has been adequately developed, and the application may fail to describe features that later become central to the product.  The goal is therefore not simply to file as quickly as possible. It is to identify the point at which the invention is developed enough to support a meaningful application while filing early enough to preserve strategic options. That balance matters...

You have a great idea, a solid business plan, and maybe even an investor meeting on the calendar. Then comes the big question: How do you protect your idea before you share it? Pitching to investors often means revealing valuable information about your invention, brand, software, product design, or business strategy. While you want investors to understand what makes your business special, you also do not want your best ideas walking out the door unprotected. Intellectual property, often called IP, can include trademarks, copyrights, patents, and trade secrets. Taking steps to protect these assets before an investor pitch can help...

For inventors, startups, and innovative businesses, a promising idea can represent years of research, experimentation, and potential commercial value. But having a breakthrough concept does not automatically mean that concept qualifies for patent protection. Before investing significant time and resources into the patent process, it is important to understand how the law determines whether an invention is actually patentable. Patentability depends on specific legal requirements, not simply on whether an invention feels new, creative, or commercially promising. In general, an invention must involve patent-eligible subject matter, be novel, be non-obvious, and have practical utility. Failing any one of these requirements...

In the age of TikTok, Instagram, YouTube, and online reviews, user-generated content has become one of the most valuable marketing tools for businesses. A customer posts a video featuring your product, tags your brand, and suddenly thousands of people are watching. It sounds like a win, but there is an important question businesses often overlook: Who actually owns that content? In most cases, the person who creates an original photo, video, review, or other creative work generally owns the copyright in that content, even when the content features your brand or product. That means a business cannot always assume that...