Patent Attorney and Founder
You Can’t Patent an Idea. Here’s What You Can Protect Instead.
Let’s start with the part most people get wrong.
You can’t patent an idea.
Not a thought.
Not a sketch on a napkin.
Not a “what if someone built this?” moment.
You patent an invention.
That sounds small. It isn’t.
An idea lives in your head.
An invention lives in the real world.
If someone else could build it from what you say, draw, or show, then you’re getting close.
And that’s the line most inventors miss.
I see it all the time. Someone says, “I have a great idea.”
Cool. I love that.
But then I ask, “How does it work?”
And they pause.
That pause matters.
Because patent law protects things that work, not things that float.
When an Idea Becomes an Invention
Here’s a simple test.
If I handed your notes to a stranger, could they build your product?
Not guess.
Not imagine.
Actually build it.
If the answer is yes, you’re no longer in idea land.
You’re in invention land.
That’s what the patent system cares about.
It wants:
- Structure
- Steps
- Parts
- Flow
- Function
Not vibes.
Think about a chair.
The idea is “something to sit on.”
The invention is legs, angles, joints, materials, weight limits, and how it holds a person.
Big difference.
And here’s something else people forget.
You also need a reason to care.
Not academic.
Not “maybe someday.”
Not just curiosity.
You need intent.
Are you building it?
Licensing it?
Selling it?
Testing it?
Inventions move.
Ideas sit.
What You Should Give a Patent Illustrator
Once you move forward, drawings come up fast.
People ask,
“What do I send the illustrator?”
Short answer?
Everything.
Long answer?
You want the illustrator to understand your invention better than your friends do.
That means giving them:
- Clear written descriptions
- Photos
- Rough sketches
- CAD files
- Prototype images
- Marked-up screenshots
- Notes on how parts connect
- Notes on how parts move
Don’t worry about being messy.
Worry about being clear.
If a screw turns, say so.
If a hinge bends, show it.
If a signal flows, explain where and why.
Your drawings are not art.
They’re proof.
They support your claims.
If your claims say a part exists, your drawing must show it.
No drawing?
No support.
No support?
Weak patent.
Are Drawings Expensive?
Not usually.
People think patent drawings cost thousands.
Most don’t.
Many are under a few hundred dollars per figure.
Design patents cost more because the drawing is the protection.
Shading.
Depth.
Perspective.
That’s what you own in a design patent.
Utility patents are different.
They care about how things work, not just how they look.
Location categories
Either way, drawings are worth it.
They make examiners understand faster.
They make attorneys draft better.
They make investors listen longer.
If You Work With an Attorney, Let Them Carry the Load
If you hire an attorney, don’t micromanage the illustrator.
Your attorney should handle that.
Why?
Because the attorney writes the application.
The attorney defends the claims.
The attorney answers the examiner.
If something breaks, they fix it.
At our firm, the illustrator works through the attorney, not around them.
That way the drawings and the words match.
That’s what matters.
Filing a Trademark and Seeing “No Response”
Now let’s switch gears.
People run into this all the time.
They file.
They get an Office Action.
They amend something.
They download the PDF.
And it says:
“No response.”
Panic starts.
Here’s what’s happening.
Each submission stands on its own.
The USPTO doesn’t assume anything from your last filing.
If a box is empty, it’s empty.
Even if you already gave them the info before.
So if the form asks for:
- A logo description
- A specimen
- A class amendment
And you skip it?
The PDF shows nothing.
That can trigger another Office Action.
Not fatal.
Just annoying.
And fixable.
Writing a Logo Description the Easy Way
Logo descriptions scare people.
They shouldn’t.
You’re just telling the USPTO what’s in the image.
Not marketing.
Not story.
Not poetry.
Just facts.
Example:
“The mark consists of the word BOLD in stylized capital letters with a horizontal line beneath the letter O.”
That’s it.
One trick that actually works?
Use AI to draft it, then clean it.
The USPTO isn’t grading creativity.
They’re grading clarity.
If the examiner suggests changes, follow them.
They usually help.
When to Re-Upload a Specimen
If the examiner asks for a substitute specimen, give it.
If they move you into a different class, give it again.
Don’t assume old uploads carry forward.
Each response is its own package.
Worst case?
They issue another Office Action.
You get more time.
You fix it.
Most trademark problems are fixable if you respond on time.
And if you’re unsure?
Call the examiner.
They answer phones.
They explain things.
They sometimes fix small issues for you.
People forget that.
Old Patents vs New Narrow Patents
Now for a deeper topic.
Let’s say an old patent used a short and long pulse.
It expired.
Later, a new patent claims the same idea, but says:
“The short pulse must be five microseconds or less.”
Should that even exist?
Good question.
Here’s the rule.
You can’t patent what already exists.
But you can patent a non-obvious improvement.
That’s the key phrase.
Non-obvious.
If no one used five microseconds before.
If the industry thought it wouldn’t work.
If it solved a problem others couldn’t.
Then the narrow version might survive.
But…
The new patent can’t stop people from doing what the old patent already taught.
Expired means public.
The public gets it.
So the newer patent only controls the new slice, not the whole pie.
Most answers hide in prosecution history.
That’s the back-and-forth between examiner and applicant.
It shows why the patent got allowed.
Using a Name for Years Without Registering
This comes up constantly.
Someone says:
“I’ve used my business name for nine years.”
Then they find someone else filed a trademark later.
What now?
In the U.S., trademark rights start with use, not filing.
First in time.
First in right.
So if you used it first, you may already own common law rights.
Even if they registered later.
That doesn’t mean you’re safe everywhere.
But it does mean you’re not powerless.
Next steps usually include:
- Checking their proof of use
- Checking when they started
- Checking what they actually sell
- Seeing if coexistence makes sense
Sometimes rebranding is smart.
Sometimes fighting is smarter.
There’s no single answer.
But nine years of use is not nothing.
When a Trademark Blocks a Whole Class
Another scenario.
Someone wants to sell clothing.
They find a trademark for golf clothing.
Same class.
Even though the products differ, the registration blocks the class.
That surprises people.
Trademarks don’t slice thin.
They slice wide.
So your job becomes:
- Are they really using it?
- Have they abandoned it?
- Can you negotiate?
- Can you cancel for non-use?
Before filing, build a plan.
Don’t rush blind.
How to Judge Patent Attorney Quality
People see price gaps.
One firm charges $4,000.
Another charges $9,000.
Same patent.
Why?
Because quality hides inside the work.
You can’t see it upfront.
So how do you judge?
Here’s what actually helps.
Look at real issued patents
USPTO records are public.
Search the firm name.
See what they’ve gotten allowed.
Read a few.
Are they thin?
Are they detailed?
Are claims thoughtful?
Ask about strategy
Do they talk about:
- Claim scope
- Fallback positions
- Industry risks
Or just price?
Ask how they bill
Flat fee gives predictability.
Hourly gives flexibility.
Neither is wrong.
But surprises hurt inventors.
Ask how they communicate
Do you talk to an attorney or a salesperson?
That tells you a lot.
Trust your gut
If it feels slimy, it usually is.
If it feels rushed, it usually is.
If it feels honest, that matters.
Should Your Patent Be Owned by You or Your Company?
Short answer?
Usually the company.
Why?
Liability.
If something goes wrong, you want the business taking the hit, not your house.
Also:
Investors expect IP inside the company.
Buyers expect IP inside the company.
Partners expect IP inside the company.
If you dissolve later, you can assign it back.
But starting with the business protects you.
IP is armor.
Put it on the right body.
Leaving a University With a Patent
This one’s tricky.
Universities almost always own inventions made with their money or labs.
So if they file the patent, they own it.
You don’t get free use by default.
But…
Universities like research more than sales.
That’s why tech transfer offices exist.
Their job is to help inventions move into the world.
So if you’re leaving, talk to them.
Ask about:
- Licenses
- Spin-outs
- Royalty splits
- Founder rights
Many universities will license the tech back to you.
They’d rather see it used than buried.
But get it in writing before you leave.
Not after.
Resurrecting Old Trademarks
People love old brands.
Sometimes they want to bring one back.
That’s fine.
But you must check:
- Is the registration still alive?
- Is someone still selling under it?
- Did rights transfer quietly?
- Is it truly abandoned?
Five years of no use helps.
But big brands keep ghosts alive.
Oldsmobile still has pieces.
Pan Am still has filings.
Never assume death.
Verify it.
Defensive Patents Exist
Not all patents go to market.
Some exist to block others.
That’s normal.
You patent so competitors can’t.
Even if you never sell the product.
It’s legal.
It’s smart.
It’s strategic.
Patents aren’t just shields.
They’re fences.
Should You Trademark Your Record Label Now?
People ask:
“Can it wait?”
Sometimes.
But here’s the truth.
If you care about the name, file early.
Waiting only adds risk.
Someone else might file.
Someone else might use it.
Someone else might block you.
Filing early:
- Locks your place
- Signals ownership
- Protects growth
If you’re building a brand, protect it while it’s small.
It’s cheaper than fixing it later.
The Big Picture
Most people don’t fail in IP because of law.
They fail because they wait, guess, or assume.
They assume ideas are enough.
They assume old filings carry forward.
They assume nobody else cares about their name.
They assume the system is simple.
It isn’t.
But it is navigable.
If you treat inventions like plans, not dreams.
If you treat trademarks like assets, not decorations.
If you ask before acting, not after.
Then IP starts working for you instead of against you.
And that’s the point.
Not perfection.
Progress with protection.