Patents
Is my idea patentable?
Ideas alone are not patentable; inventions are. If you can describe a specific way of doing or building something that is new and not obvious over what came before, you may have a patentable invention. A patentability search ($1,200) answers this with evidence instead of guessing. Start with this article.
Do I need a prototype first?
Usually not. The law requires a description that teaches others how to make and use the invention, not a working model. More here.
What does "patent pending" actually get me?
It means an application is on file, which locks your priority date and deters some copycats. It is not an enforceable patent yet. Full explanation.
Provisional or utility application first?
A provisional is a lower-cost placeholder that buys 12 months; a utility application starts examination now. The right answer depends on how settled the invention is and your funding timeline. The fork, explained.
I told people about my invention. Is it too late?
Maybe not, but the clock may be running. In the U.S. a public disclosure generally starts a one-year deadline to file, and most foreign rights can be lost immediately. If you have disclosed, treat filing as urgent.
Can I use AI to help draft my patent application?
Carefully, and with real guardrails: confidentiality, accuracy, and inventorship all get complicated. I wrote a step-by-step guide for DIYers, and I review AI-assisted drafts before filing.
Trademarks
Do I need a trademark before I launch?
You need a cleared name before launch; registering before launch is often smart but budget-dependent. An availability search ($700) tells you whether the name is safe to build on, and an intent-to-use filing can reserve it.
What is the difference between TM and the R symbol?
Anyone can use TM on a brand they claim; the R in a circle is reserved for federally registered marks. Registration is what unlocks nationwide priority and the strongest enforcement tools.
Someone is using a name similar to mine. What now?
First we assess who has priority and how close the marks and goods really are, then choose from a ladder of responses: coexistence, a demand letter, marketplace takedowns, or a TTAB proceeding. Panicking and emailing them yourself is rarely the best first move.
What will registration cost me, total?
$1,150 in attorney fees for one class, plus the USPTO fee of $350 per class at cost: $1,500 all-in for a typical single-class registration, $2,000 for two classes. Office actions, if they come, are quoted separately before any work.
Copyright
Do I have to register to be protected?
Protection is automatic on creation, but U.S. authors must register before suing, and timely registration unlocks statutory damages that make enforcement affordable. Registration is the $250-plus-government-fee upgrade that makes rights usable.
Who owns work a contractor made for me?
Usually the contractor, unless a written agreement assigns it. This is the most common ownership surprise in small business, and it is fixable with paperwork.
Is AI-generated content protected?
Purely AI-generated material is not copyrightable; human contributions are. Mixed works can often be registered with the right disclosures and strategy.
Trade secrets
What qualifies as a trade secret?
Information with economic value because it is secret, protected by reasonable measures. Formulas, processes, pricing, customer data, and algorithms all can qualify; nothing qualifies without the measures.
Patent it or keep it secret?
If competitors can reverse-engineer it from your product, secrecy fails and patents win. If it is invisible know-how, secrecy can protect it forever for the cost of discipline. The guide walks the decision.
Do you handle trade secret lawsuits?
No; I build protection programs and handle pre-litigation response, and I refer courtroom disputes to experienced litigation counsel, staying involved on strategy.
AI governance
What is an AI governance engagement, concretely?
An inventory of how your business actually uses AI, a mapping against your policies and the laws that reach you, and a written gap report with fixes, followed by policies and training if you want them. Flat fees, described on the AI governance page.
Are there really AI laws that apply to a small Oregon business?
Yes: Oregon's privacy act and consumer-protection law already apply, federal law covers AI claims and AI hiring tools, and other states' rules reach you when you sell there. The current list is maintained on the AI governance page.
Our employees already paste things into chatbots. How bad is that?
It is the most common self-inflicted leak in modern business: it can waive trade secret protection and violate customer promises. It is also very fixable with a policy, approved tools, and one training session.
Working with me
What happens on the free 15-minute call?
You describe what you are building in general terms; I tell you whether legal protection is worth your money right now, which kind, and what it would cost. No pressure, and if I am not the right fit I will say so and point you to someone who is.
How do your fees work?
Flat fees for most defined work, listed publicly on the pricing page; $405 per hour with a written scope for everything else; government fees always separate and at cost. No surprise invoices.
Do we need to meet in person?
No. Most work happens by video, phone, and email. When in-person matters, I meet clients by appointment in Medford.
Is what I send you confidential?
Before an engagement, limited prospective-client protections apply, and I ask you not to send confidential details yet; a general description is enough to get started. Once we sign an engagement, full attorney confidentiality duties apply. Details in the disclaimer.
Who will actually do my work?
Me. There is no associate, no intake team, and no handoff. The person on the strategy call is the person drafting your application.