by Kathleen Lynch | May 5, 2026 | Design Patent, Entrepreneur, Entrepreneurship, Innovation, Intellectual Property, Inventor, IP, Patent, Plant Patent, Protection, Small Business, Start Up, Start Up Considerations, US Patent Office, Utility
Recently a new client came to me regarding whether his invention was patentable. I thought about this post and thought I’d repost it.
This is the first in a series of informational posts designed to demystify the core pillars of intellectual property law. Today, we focus on the patent: what it actually is and the specific protections it offers once granted by the government.
In the United States, there are three primary types of patents: Utility, Design, and Plant. Each serves a different purpose and offers a different window of protection.
1. Design Patents
Design patents protect the new, original, and ornamental aspects of a functional item. They don’t cover how a product works, but rather how it looks.
- Examples: The iconic shape of an iPhone® or the sleek curves of a Corvette® sports car.
- Term: Under current law, design patents have a life of 15 years from the date the patent is granted (for applications filed on or after May 13, 2015).
2. Plant Patents
A plant patent is a specialized grant for anyone who has invented or discovered—and asexually reproduced—a distinct and new variety of plant.
- Requirement: The variety must be “asexually reproduced,” meaning it is grown from something other than a seed (like a cutting or grafting).
- Term: Protection extends 20 years from the date of filing.
3. Utility Patents
Utility patents are the most common type and protect the “utility” or function of an invention. These cover:
- Articles of manufacture (physical products)
- Methods of manufacture (industrial processes)
- Compositions of matter (chemical formulas or pharmaceuticals)
- Business methods (often seen in the software and fintech sectors)
A Note on Software & Business Methods: This last category—business methods—remains a highly active area of legal debate in 2026. While they are still patentable, recent court decisions like Constellation Designs v. LG have reinforced that these patents must describe a specific technological solution rather than just a general “abstract idea.”
Requirements and Maintenance
To qualify for a utility patent, an invention must meet three strict criteria: it must be useful, novel (new), and non-obvious to someone skilled in that specific field.
A utility patent generally lasts for 20 years from the date of filing. However, the protection isn’t “set it and forget it.” To keep a utility patent active, you must pay maintenance fees to the US Patent and Trademark Office (USPTO) at three critical intervals:+1
- 3.5 years after issuance
- 7.5 years after issuance
- 11.5 years after issuance
Failure to pay these fees (which have seen significant updates as of 2025/2026) will result in the patent expiring early and your invention falling into the public domain.
Stay Ahead of the Game
Protecting your innovative developments is a critical component of any successful organization. Deciding when to file—and which type of patent best fits your business goals—is a decision that shouldn’t be made alone.
The Law Office of Kathleen Lynch PLLC is here to help you navigate these complexities and ensure your IP strategy keeps you ahead of the competition.
Ready to protect your ideas? Your first consultation is free. Email us: kl****@*****aw.com
by Kathleen Lynch | Apr 28, 2026 | Confidentiality, Entrepreneur, Entrepreneurship, Intellectual Property, IP, IP Management, Trade Secrets
Recently, the U.S. Court of Appeals for the Federal Circuit issued a significant reversal of a California district court’s finding of trade secret misappropriation. In the case of International Medical Devices, Inc. (IMD) v. Cornell (April 2026), the court ruled that no reasonable jury could have found several alleged trade secrets to be, in fact, “secrets.”
The Dispute: Cosmetic Penile Implants
The litigation centered on the Penuma® cosmetic penile implant. The plaintiffs alleged that four specific elements of their technology were stolen trade secrets:
- Structural Pockets: Internal voids within the implant to enhance softness and elasticity.
- Mesh Tabs: Components around the distal tip to facilitate tissue ingrowth.
- Absorbable Sutures: Used in combination with mesh tabs to hold the implant during initial healing.
- The “Supply List”: A specific list of materials and instruments used to perform the surgical implantation.
The “Death” of a Trade Secret: Public Disclosure
The Federal Circuit held that the first three alleged secrets (the structural design elements) were ineligible for protection because they had already been disclosed in prior patents.
Citing the precedent in Atl. Rsch. Mktg. Sys., Inc. v. Troy, 659 F.3d 1345, the court reaffirmed a fundamental rule of intellectual property:
“A trade secret is secret, a patent is not. That which is disclosed in a patent cannot be a trade secret.”
Because these design concepts appeared in public patent filings—some dating back decades—they were part of the public domain. You cannot claim “secrecy” over information that the government has already published for the world to see.
The Failure of Internal Protection
The fourth alleged trade secret—the list of surgical instruments—failed for a different reason: lack of reasonable efforts to maintain secrecy.
The plaintiffs had emailed this list to the defendant without any:
- Confidentiality caveats
- “Trade Secret” labels
- Explicit instructions on restricted handling
Under the California Uniform Trade Secrets Act (CUTSA), information only qualifies as a trade secret if the owner takes active, reasonable steps to keep it secret. Because the plaintiffs treated the list as ordinary correspondence in the past, they could not retroactively claim it was a protected secret during litigation.
The Takeaway: How to Protect Your Innovation
This case serves as a vital reminder for tech and medical device companies: If you have a trade secret, keep it that way.
- Audit Your Patents: Ensure you aren’t trying to protect information as a “secret” if it’s already described in your (or someone else’s) patent filings.
- Use NDAs Every Time: Never disclose sensitive information to an outside individual or organization without a signed Non-Disclosure Agreement (NDA).
- Label Everything: Mark confidential documents clearly as “Trade Secret”, “Proprietary” or “Confidential.”
- Need-to-Know Access: Limit employee access to sensitive data and provide regular training on internal security protocols.
Protect Your Innovation
Protecting your intellectual property is critical to the survival of any organization. In an evolving legal landscape, having the right counsel to navigate these decisions is more important than ever.
The Law Office of Kathleen Lynch PLLC is designed to help your business stay ahead of the game.
Your first consultation is free. Email us: kl****@*****aw.com
by Kathleen Lynch | Apr 21, 2026 | Entrepreneur, Entrepreneurship, Innovation, Intellectual Property, International, Invention, Inventor, IP, Logo, Patent, Protection, Service Mark, Trade Dress, Trade Name, Trade Secrets, Trademark, Uncategorized
Sunday, April 26th is World Intellectual Property Day. Established in 2000 by the World Intellectual Property Organization. (WIPO), this day serves a vital purpose: to pull back the curtain on the world of intellectual property (IP) and show how it shapes our daily lives.
This Year’s Theme: The Spirit of Sport
This year, we are shining a spotlight on the intersection of innovation and athletics. From cutting-edge equipment and game-changing technologies to the iconic brands that define our favorite teams, IP is the engine driving the sports industry forward.
We celebrate:
- The Creators & Inventors: Whose devotion leads to safer, faster, and more effective sports gear.
- The Storytellers: Whose copyrighted broadcasts preserve historic moments for generations.
- The Brands: The trademarks, logos, and colors that unite fans across the globe.
More Than Just a Game
The next time you lace up your running shoes or pick up a tennis racquet, take a moment to consider the genius behind them. Whether it’s a patent for a new material, a design for aerodynamics, or a trade secret that gives a brand its edge, IP doesn’t just protect ideas—it enhances the way we play and live.
Is Your Innovation Protected?
Protecting your developments is critical to staying competitive. In a fast-moving market, having the right legal partner to navigate these decisions is the ultimate “home-field advantage.”
The Law Office of Kathleen Lynch PLLC is dedicated to helping businesses like yours keep ahead of the game.
Ready to protect your vision? Your first consultation is free. 📧 Email us today: kl****@*****aw.com
by Kathleen Lynch | Mar 31, 2026 | Entrepreneur, Entrepreneurship, Innovation, Invention, Inventor, Patent, Patent Prosecution, Patentability, Small Business, Start Up, Start Up Considerations, Uncategorized, US Patent Office
A patentability search and assessment is always recommended when evaluating whether your invention would be entitled to meaningful patent protection. The search also helps to inform the inventor and patent attorney where there may be areas of more narrow protection and draft accordingly.
The United States Patent Office recently launched the AI Search Automated Pilot Program. The program is designed to evaluate the examination process by including an automated pre-examination search, and whether the inclusion will improve quality and efficiency of examinations.
The program (ASAP!) will conduct an automated search for original, noncontinuing, nonprovisional applications. The automated search results will be sent to the applicant and will provide an earlier communication regarding potential prior art issues. Under the pilot program, applicants will not be required to respond to the search results.
However, the search results may provide an opportunity to the applicant to file a preliminary amendment in an effort to place the application in a stronger position for allowance. Alternatively, the applicant may wish to file an express abandonment and obtain a fee refund in view of search results that indicate a lack of patentability.
Recently, the U.S. Patent Office has announced that it is waiving the fee requirement for any petition to participate under 37 C.F.R. 1.182 filed after March 23, 2026. This should enable self filing entrepreneurs and inventors to take advantage of this new program for free!
Capitalizing on innovative developments is critical to any organization. Having the right person to help you make those decisions is important. The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game. The first consultation is free. Email us at kl****@*****aw.com.
Photo by Szorstki on FreeImages
by Kathleen Lynch | Aug 18, 2015 | Entrepreneurship, Innovation, Patent Prosecution
Recently I’ve found websites and blog posts promoting your ability to conduct your own patent search. Unless your invention is extremely straightforward, I would not recommend doing that.
The U.S. Patent Office was created in 1802. As such, issued patents were organized by categories or classes and subclasses. As innovation has evolved, the categories of classes and subclasses has evolved and changed considerably. Unless you are extremely familiar with the patent records organization, you are better off spending your money on a professional searcher who will find all of the relevant categorical nooks and crannies. Often times a material, process or structure in your invention may have applicability in areas you have not considered. These need to be identified and pursued in order to obtain a full and thorough search.
Patentability must be based on a complete search to have value. If not, you are spending good money after bad by investing in the preparation and filing of a patent application based on incomplete patent search results. You are better off knowing that your invention is unpatentable than spending money on the preparation and filing of a meaningless application. In addition, your application, and particularly your claims, can be tailored to that patentable space defined not only by your invention but by the relevant prior art found in a good search.
Capitalizing on innovative developments is critical to any organization. Having the right person to help you make those decisions is important. The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game. The first telephone consultation is free. Email us at kl****@*****aw.com.
