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Software can still be patented today, including many types of AI-based software, but it takes careful planning and a clear understanding of what the U.S. Patent and Trademark Office (USPTO) will accept. The rules have tightened in recent years, and many applications get rejected simply because they describe abstract ideas without demonstrating...

Have you invested time and energy building a name or logo for your business, only to worry someone else might use it? That’s where trademark registration comes in. A registered trademark does more than protect a slogan or design. It secures the value behind your brand and gives you the tools to...

Improvements to existing products can be patented, as long as they are new, useful, and non-obvious. In fact, many of today’s most successful inventions didn’t start from scratch. They’re upgrades, tweaks, or creative modifications to something that already existed. If you’ve found a better way to do something—whether it’s making a device...

Patenting a medical device often involves more complexity than other types of inventions. Between overlapping technologies, strict FDA requirements, and tight timelines, securing patent protection takes more than just submitting an application. Companies must account for when and how they disclose their invention, how to demonstrate it’s different from what's already out...

If you’ve come up with an invention, your next question is likely, “How much does it cost to talk to a patent attorney?” It’s a fair question. The process can feel uncertain, especially when you’re just starting out. At Gearhart Law, we understand the hesitation that comes with investing in something new....

Starting a business often means moving quickly, but when it comes to protecting your ideas, timing matters. For startups in New Jersey, filing for intellectual property (IP) protection early can help secure your innovations, brand identity, and creative work before others try to claim them. Whether you're developing software, branding a new...

Building an app is a significant accomplishment. But once it’s live—or even before—it’s natural to wonder: what parts of this thing can actually be protected? Can someone just copy your idea, tweak it slightly, and call it their own?

The answer isn’t always simple. The U.S. Patent and Trademark...

Getting a warning letter accusing you of patent infringement is never a welcome surprise. Whether it arrives by email or certified mail, the message usually comes with legal jargon and urgent demands. It's easy to feel overwhelmed, but you’re not out of options. This post will walk you through the first steps...

Securing a patent is a significant step in protecting your invention. But what happens when someone uses your idea without permission? Enforcing your rights might mean heading into court—but litigation isn't always the best move. Sometimes, protecting your intellectual property means making tough business decisions.

At Gearhart Law, we...

We understand the temptation to handle your own patent application. Filing on your own may seem like a quick way to save money and maintain control. But while the upfront cost might be lower, the long-term consequences can be expensive—and permanent.

Even small missteps in a patent application can...