The Thornton Firm, LLC

The Thornton Firm, LLC We are a Las Vegas firm specializing in patent and intellectual property law. Scott D. Thornton is the firm’s founder and namesake.

Regional in nature and global in reach, The Thornton Firm offers a full range of intellectual property legal services for small businesses, inventors and entrepreneurs. Honoring over two hundred years of innovation in the United States, The Thornton Firm puts inventors first. He is a lifelong science enthusiast who enjoys learning and keeping himself current of recent advances and developments in

a wide variety of technological areas. His practice centers around patent and intellectual property law with his primary emphasis focusing on patent applications and prosecution. As a patent attorney and small business owner, he is dedicated to helping people secure the broadest intellectual property rights in their ideas and innovations.

Many inventors believe they can patent an idea. In reality, patent law generally requires more than an idea alone.Unders...
06/01/2026

Many inventors believe they can patent an idea. In reality, patent law generally requires more than an idea alone.

Understanding the difference between an idea and a patentable invention is one of the first steps in the patent process.

One of the most common questions inventors ask is whether they can patent an idea. The answer is usually no. Every invention starts with an idea, but the patent system protects inventions, not ideas. That…

A trademark does not have to be identical to create legal problems at the USPTO.Under the Lanham Act, the USPTO may refu...
05/18/2026

A trademark does not have to be identical to create legal problems at the USPTO.

Under the Lanham Act, the USPTO may refuse registration when a proposed trademark is likely to cause confusion with an existing trademark. Trademark examining attorneys evaluate issues such as similarity of the marks, related goods or services, trade channels, and overall commercial impression.

For independent inventors and small businesses, a proper trademark search early in the process can help avoid costly branding disputes and trademark application refusals later.

For businesses in Las Vegas, branding matters. Your trademark identifies your business, distinguishes your goods or services from competitors, and helps consumers recognize your brand in a crowded marketplace. Protecting your brand with a federal…

Patent claims often sound awkward and repetitive. That’s intentional.They are not written for style. They are written to...
05/04/2026

Patent claims often sound awkward and repetitive. That’s intentional.

They are not written for style. They are written to define ownership.

Think of your patent like a mining property. The invention is the property, and the claims are the fence.

Independent and dependent claims work together to create layers of protection. The specification must support those claims through written description and enablement.

Strong claims take time to draft, but they determine whether a patent actually protects anything.

If you have ever read a patent, you probably noticed that claims came across as awkward, repetitive, and unnatural. Words repeat. Sentences run long. The structure feels rigid. Your high school English teacher would probably…

The Department of Justice has taken a significant step by reclassifying certain state-licensed medical cannabis products...
04/23/2026

The Department of Justice has taken a significant step by reclassifying certain state-licensed medical cannabis products to Schedule III. This marks the first meaningful federal shift in how cannabis is treated under the Controlled Substances Act.

However, the change is limited. Most cannabis products, including those commonly sold in state markets, remain federally illegal. As a result, federal trademark protection for cannabis goods will likely remain unavailable.

On December 18, 2025, President Trump ordered that cannabis will be rescheduled from Schedule I to Schedule III under the Controlled Substances Act. Today, the federal government has finally taken action on cannabis rescheduling. After…

How long does it take to get a patent? Most applications take years, not months—and the first Office Action alone can ta...
04/20/2026

How long does it take to get a patent? Most applications take years, not months—and the first Office Action alone can take close to two years. This article breaks down the timeline and what actually affects it.

“How long does it take to get a patent?” It’s one of the most common questions I receive, and in most cases, the process takes longer than inventors expect. Most U.S. patent applications take about…

Secondary considerations are often used to overcome obviousness rejections.Long-felt need, failure of others, and unexpe...
04/06/2026

Secondary considerations are often used to overcome obviousness rejections.

Long-felt need, failure of others, and unexpected results can provide real-world evidence needed to move an application forward when prior art arguments aren't decisive.

Inventors tend to focus on describing how their invention works. They explain the components, the structure, and the intended use. That is necessary, but it is not enough. Most inventors have never heard the phrase…

Inventors are oftentimes surprised when their patent application gets rejected.They shouldn’t be.Rejections are a normal...
03/23/2026

Inventors are oftentimes surprised when their patent application gets rejected.

They shouldn’t be.

Rejections are a normal part of the process. Most applications receive at least one rejection before moving toward allowance.

Understanding this early changes how inventors approach patents.

Many inventors assume that once a patent application is filed with the United States Patent and Trademark Office (USPTO), the next step is simply waiting for the patent to issue. In reality, the process rarely…

The United States operates under a first-to-file patent system, which means timing matters when protecting an invention....
03/09/2026

The United States operates under a first-to-file patent system, which means timing matters when protecting an invention. But filing first does not guarantee a patent. An invention must still meet the legal requirements for patentability, including novelty, non-obviousness, and proper disclosure in the patent application.

This article explains how first-to-file works and why inventors should think about both timing and patentability when developing a patent strategy.

The United States patent system follows a first-to-file rule. This means the inventor who files a patent application first usually secures the earliest priority date for an invention. If two people independently create similar technology…

Preparing a provisional patent application involves more than securing a filing date. The strength of the application de...
03/02/2026

Preparing a provisional patent application involves more than securing a filing date. The strength of the application depends on how clearly the invention is explained at the time of filing.

This guide is written for independent inventors and focuses on the practical issues that matter most, including written description, enablement, drawings, claim thinking, and basic patentability considerations.

If you are developing an invention and considering a provisional filing, understanding these fundamentals can help you build a stronger foundation from the start.

A provisional patent application can be one of the most useful tools available to independent inventors. It allows you to secure an early filing date, establish “patent pending” status, and continue developing your invention while…

What does “new” really mean in patent law?Novelty under Section 102 determines whether an invention is eligible for pate...
02/23/2026

What does “new” really mean in patent law?

Novelty under Section 102 determines whether an invention is eligible for patent protection. Prior art, public disclosure, and timing all play a critical role — and many inventors do not realize how easily rights can be lost before filing.

This guide explains novelty in plain language, including how the USPTO evaluates newness and why understanding prior art early can prevent costly mistakes.

When inventors hear the word “novel,” they usually think of something that feels new. That instinct is correct, but patent law uses the word in a much stricter way. Novelty does not ask whether an…

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5940 Rainbow Boulevard Suite 1192
Las Vegas, NV
89118

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Tuesday 9am - 5pm
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