Inventor Resources - Schmeiser Olsen

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Trademark Creation and Protection: A High-Level Business Guide

Trademarks are not just legal formalities; they are core business assets. When created and protected strategically, trademarks help companies build consumer trust, differentiate themselves in the market, and accumulate long-term brand value. When misunderstood or neglected, they can expose businesses to costly disputes, forced rebrands, and lost goodwill. This guide takes a high-level, business-focused view […]

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How an Invention Becomes a Patent — Step by Step

Many people assume patents are awarded simply because an invention is new or impressive. A patent is not a prize for creativity; it is a legal right granted through a structured and often rigorous process. Understanding that process helps explain why some inventions receive strong patent protection, others receive narrow protection, and many never become

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What Actually Counts as “Fixation” in Modern Copyright Law?

Fixation is often treated as one of copyright law’s most settled requirements. The statutory language is familiar, the doctrine appears straightforward, and most works present no meaningful question as to whether they are “fixed in a tangible medium of expression.” Yet in practice, fixation has become increasingly context dependent. As creative output migrates toward digital,

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Is Data Copyrightable? Why the Answer Continues to Evolve

The question of whether data is protected by copyright law has resurfaced with renewed urgency as businesses increasingly rely on large datasets, analytics platforms, and AI-driven systems. While the foundational principles of copyright remain stable, their application to modern data structures continues to evolve. For practitioners, the challenge lies not in memorizing bright-line rules, but

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Why Two Patents Covering the Same Invention Can Have Very Different Value

Patent practitioners routinely encounter portfolios containing multiple patents directed to substantially the same technology, sometimes within the same family, sometimes across jurisdictions, and sometimes from entirely different applicants. Yet despite similar subject matter, these patents can differ dramatically in commercial value, enforceability, and strategic usefulness. This gap in value typically has little not do with

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Obviousness and the 2025 Patent Landscape: Emerging Challenges and Strategic Considerations

Obviousness under §103 has long been a central consideration in patentability, but the context in which it arises continues to evolve. In 2025, applicants and practitioners can potentially encounter shifts in how obviousness is analyzed and applied, driven by new tools, changing technologies, and developing case law. While these trends do not make obviousness the

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Understanding the PHOSITA Standard: The Hypothetical Expert at the Center of Patent Law

In patent law, few concepts exert as much influence, or receive as little general recognition, as the PHOSITA, the “Person Having Ordinary Skill in the Art.” This fictional individual sits quietly at the center of the U.S. patent system, shaping critical determinations that decide whether an invention deserves patent protection, whether a patent is valid,

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Why Patents Exist: Understanding Incentive & Disclosure Theory in Intellectual Property Law

Modern intellectual property law is built on centuries of legal evolution, economic philosophy, and political theory. At the heart of the patent system—arguably the most complex and debated form of IP—is a foundational question: Why do patents exist? While the statutory framework of patent law provides the procedural “how,” its deeper rationale is captured by

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How to Patent Improvements on Existing Inventions

Innovation rarely happens in a vacuum. Most new inventions build upon what already exists — refining, improving, or reimagining earlier designs. Yet many inventors mistakenly believe that if something has already been patented, they cannot obtain a patent of their own. In reality, that is not always true. Under U.S. patent law, an improvement to

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The Provisional Patent Trap: Why Many Inventors Lose Their Rights Without Realizing It

Inventors often hear about provisional patent applications as a quick and affordable way to protect an idea. The term itself sounds reassuring — “provisional patent” implies at least some form of legal protection. However, a provisional patent application does not grant enforceable rights. It is simply a temporary placeholder that gives an inventor an early

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