Gearhart Law LLC

05/28/2026

Are you building a tech startup with an exit or acquisition in mind?
If so, your early patent decisions are actually valuation decisions. When investors or sophisticated acquirers conduct IP due diligence, they look closely at your claim scope and enablement. Relying on "thin" provisional patents doesn’t inspire confidence; it signals risk.

When your patent is the core asset, its strength entirely drives your company's value.

In this quick breakdown, our founder, Richard Gearhart, explains why cutting corners on your early filings could cost you millions at the negotiation table.

👇 Watch the full episode of Patent Science here: https://youtu.be/J5gTQ1LS4_c

⚖️Book a complimentary consultation with our legal team to ensure your portfolio is built to scale: https://tinyurl.com/ipstrategiesstartup

05/27/2026

We’re excited to share something new from Gearhart Law. Our Founder, Richard Gearhart, has launched Intellectual Property News, a podcast for entrepreneurs, startups, and business leaders who want to stay informed about developments in patents, trademarks, copyrights, and IP strategy.

In each episode, Richard draws on decades of experience in intellectual property law to break down key legal developments and explain what they mean for your business in clear, practical terms. Our goal is to help you protect your ideas more effectively, build stronger brands, and make smarter decisions about your IP as you grow.

You can now:
▶️ Watch episodes on the Gearhart Law YouTube channel
🎧 Listen on Spotify, Apple Podcasts, and other major podcast platforms

If you care about innovation and want to better understand how IP impacts the value of your company, this show is for you. Start with the latest episode here: https://youtu.be/tbbnYtnCij0

05/26/2026

There are two kinds of inventors who watch the calendar more than the clock:
The ones racing the market…
And the ones quietly wondering if their patent will be issued in time.

In the latest episode of Intellectual Property News, our founder, Richard Gearhart, talks about two key tools that can move your application faster at the USPTO. For inventors 65 and older, a petition based on age can move your case ahead in the examination queue without an extra USPTO fee, which can mean action in months instead of years in some cases. For startups and life sciences companies that need speed, Track One prioritized examination is a fee-based option designed to push your application to a final decision in about 12 months, as long as you stay within specific claim limits.

If you’re working on a life sciences innovation and timing really matters- for investment, partnerships, or getting to market- I break all of this down in our new Intellectual Property News episode on YouTube. Watch the new episode of Intellectual Property News on YouTube here: https://youtu.be/tbbnYtnCij0

Or book a free appointment with a Gearhart Law attorney to build an IP strategy for your life sciences project here: https://tinyurl.com/usptooptionsfb

* Invention has no age limit; many greats, like Thomas Edison and J...

05/25/2026

Today, we pause to honor the men and women of the U.S. Armed Forces who gave their lives in service to our country.

Their courage, sacrifice, and commitment to protecting our freedoms, including the freedom to innovate, to build, and to create, remain a profound responsibility and inspiration for all of us.

On this Memorial Day, all of us at Gearhart Law extend our deepest gratitude to the fallen and to the families who carry their legacy forward.

05/21/2026

Attention Founders and Inventors! 🚨
In the US, we operate on a "First to File" system, which creates a massive dilemma for startups: Should you file immediately, or wait until your data is fully ready?

Our founder, Richard Gearhart shares the 4 crucial factors you need to weigh so you don't fall into the "false security" trap of rushing an application before it's truly enabled.

What’s your biggest question when it comes to protecting your intellectual property? Let us know in the comments!👇

Watch the full video here to protect your startup: https://youtu.be/J5gTQ1LS4_c

05/12/2026

There are two ways to destroy a patent: file too late, or file too early.

If you file too late, a disclosure, sale, or competitor filing can seriously damage your rights. If you file too early, weak or incomplete data can leave you with weak protection or even force you to refile and lose priority.

This carousel explains both risks in plain English and shows why patent timing is really a strategic business decision.

📺Watch Richard Gearhart’s full video on YouTube for the complete explanation https://youtu.be/J5gTQ1LS4_c

05/11/2026

When you work in life sciences, you already live inside the literature.
So why invest in a patent search and literature review before you even file? Two reasons matter most.

𝐅𝐢𝐫𝐬𝐭: 𝐩𝐚𝐭𝐞𝐧𝐭𝐚𝐛𝐢𝐥𝐢𝐭𝐲.
Your patent counsel needs a clear picture of the prior art to answer, “Is this actually patentable?” and to draft claims that distinguish your invention in ways an examiner understands. A better view of the art means a stronger, more defensible application.

𝐒𝐞𝐜𝐨𝐧𝐝: 𝐟𝐫𝐞𝐞𝐝𝐨𝐦 𝐭𝐨 𝐨𝐩𝐞𝐫𝐚𝐭𝐞.
Even if your invention is patentable, a third‑party patent can still block commercialization. A search helps identify patents you might infringe, so you are not learning, three to five years from now, that someone else can demand a royalty or seek an injunction against your product.

At Gearhart Law, we help life‑science inventors and companies use patentability and freedom‑to‑operate searches to shape smarter filing and commercialization strategies.

Book a free appointment with a Gearhart Law attorney to discuss your life‑science patent strategy 👉 https://tinyurl.com/patentsearchfb

05/07/2026

We’re grateful for clients who trust Gearhart Law year after year.

Our firm is dedicated to helping innovators, entrepreneurs, and businesses protect their ideas and grow their brands through patents, trademarks, copyrights, and strategic IP counseling.

If you’re launching a new product, brand, or technology and want to ensure it’s protected, 👉 book a free consultation with our team https://tinyurl.com/reviewfbk

05/04/2026

If you work in diagnostics or biotechnology, the hardest part of patenting may not be proving that the science works.
It may be showing, under Alice, that your claims do more than restate what biology already does on its own.

In Alice Corp. v. CLS Bank, the Supreme Court created a two‑step test: first, ask if a claim is directed to a law of nature, natural phenomenon, or abstract idea; second, ask if there is an “inventive concept” that turns it into a concrete, patent‑eligible application.

Our new post explains how that test now applies to biotech and diagnostic claims, why correlations and biomarkers face extra scrutiny, and how careful drafting can emphasize real technical application rather than mere observation.

To read the full blog post, click HERE https://tinyurl.com/aliceandbiotechfb
👉Book a free appointment with a Gearhart Law IP attorney and discuss your options and next steps.

04/29/2026

World Intellectual Property Day is observed annually on April 26 to raise awareness of how intellectual property (IP) rights, such as patents, copyrights, trademarks, and designs, impact daily life and to celebrate the contributions of creators and innovators to global economic and social development. Established by the World Intellectual Property Organization in 2000, the date marks the anniversary of the entry into force of the WIPO Convention in 1970.

The 2026 theme is "IP and Sports: Ready, Set, Innovate!", highlighting how IP drives creativity and innovation across the sports industry, from equipment design and broadcasting to branding and fan engagement.

A recent example bringing this theme to life is Kylian Mbappé’s signature goal celebration, which has been the subject of trademark protection efforts. What might seem like a spontaneous on-field moment can, in fact, become a valuable brand asset, capable of licensing, merchandising, and global recognition. This underscores how athletes today are not just competitors, but innovators and entrepreneurs leveraging IP to protect and expand their personal brands.

At Gearhart Law, we help innovators, creators, and businesses identify, protect, and maximize the value of their intellectual property. To learn more about how IP can support your brand and business strategy, visit our website https://tinyurl.com/ipdayglfb

04/28/2026

In this video, our colleague Steven Frydman answers a critical question from our YouTube community: What do you do if your trademark application is opposed by a company with a similar name?

Trademark cases are rarely identical to copycats; they often involve brands that are a word apart or sound similar. Steven explains the balancing test used by authorities to determine if a junior user’s entrance into the market will cause consumer confusion regarding affiliation or sponsorship.

Protect your brand! Book a free appointment with Gearhart Law today https://tinyurl.com/trademarkstevenfb