INTERVIEWS / Daniel Cislo / INTELLECTUAL PROPERTY AND BUSINESS
Where should a small business spend its first IP dollar?
Daniel M. Cislo, Esq., Managing Partner of Cislo & Thomas LLP, a Southern California IP boutique law firm, moved from engineering into patent law and also developed and manufactured patented products himself. Being a product owner, he says, changed how he connects patents with manufacturing, markets and ownership. We asked how small businesses should prioritize IP spending, and what to examine before using a Made in USA label or sharing creative work with AI providers. This written interview was completed in October 2026.
Engineering, family and a product of his own
Q:What drew you from engineering toward patent law?
Patent law offered a way to combine technical problem solving with law and business. Engineering taught me to understand a product, identify what makes it different and recognize the practical challenges of bringing an idea to life.
Law school taught me how to protect rights, but engineering gave me the technical foundation to understand what inventors were trying to accomplish. That combination has stayed with me throughout my career.
Q:What did practicing alongside your father teach you?
I joined Cislo & Thomas in 1987. Working alongside my father, at a firm he helped build, shaped how I practice. He understood both the law and the people behind inventions.
Inventors need an attorney who listens, understands their objectives and helps them think through commercial potential. Enthusiasm matters, but it needs to become a practical strategy that protects interests and supports business goals.
Q:What did running SecureCase teach you beyond practicing law?
Running SecureCase Co. meant making decisions, investing my own resources and confronting manufacturing, marketing, distribution and competition. As an attorney you advise; as an owner you live with those decisions.
It taught me that a patent is a tool within a larger business plan. Even a strong invention must solve a real problem, offer something customers value and be commercially viable. Legal protection needs to fit that larger strategy. Equally important is developing marketing channels to reach those who can best use innovative products.
Test the idea and prioritize protection
Q:What do you examine when assessing an invention's commercial prospects?
Technical novelty is only one part. I look at the problem solved, the improvement over existing solutions, why a customer would buy it and whether it can be manufactured and sold at a viable price. Competition and the commercial value of available protection matter too.
A common mistake is spending heavily on development, production or marketing before examining existing patents and competing products. Public disclosure can also affect patent rights, particularly abroad. A preliminary search, consideration of a provisional application and an early discussion of business objectives can identify risks before substantial spending.
Q:With an idea and a small budget, what can be an early step?
A provisional patent application can be a useful first step while evaluating commercial potential. It can establish an early filing date and provide up to twelve months to develop a product, explore the market and decide whether to pursue a nonprovisional application.
The application must thoroughly describe the invention. A provisional does not itself become a patent; a subsequent filing is needed to pursue protection based on it. The goal is to preserve options while making an informed decision about the next step.
Early ownership decisions can shape later disputes
Q:Which early decisions tend to matter years later?
Ownership is one of the biggest issues. Who owns an invention, design, software, content or trademark? Is there a written agreement covering employees, contractors, co-founders and outside developers? Were assignments executed and recorded where appropriate?
Documentation matters too. Informal understandings may seem clear until a relationship breaks down; memories then differ, records are incomplete and people interpret the agreement differently. Clear contracts and documented ownership can prevent expensive disputes later.
Labels, supply chains and AI records
Q:What should a small business check before printing Made in USA?
Review the entire supply chain, not only final assembly. Imported components may prevent an unqualified claim even if assembly occurs in the U.S. Identify the origins of components and materials, the extent of U.S. manufacturing and processing, and the foreign share of total cost. The FTC's standard is generally ‘all or virtually all’ made in the U.S.
Gather supplier records, bills of materials and manufacturing information before approving labels or advertising. If an unqualified claim is unsupported, a properly substantiated qualified claim may be an alternative. Evaluate it before the product reaches the market.
Q:What can creators do as questions about AI training evolve?
Start by identifying what you own and how it is created, used and shared. Copyright may protect qualifying writing, artwork, photographs, music and software; registration can offer enforcement benefits. Review contracts and terms when sharing with clients, vendors, platforms or AI providers: what training uses are permitted, what rights are granted and whether confidential information is being uploaded.
Preserve original files, drafts, publication dates and licensing records. The law continues to evolve. Creators should not assume that every training use is automatically permissible or automatically unlawful. Documentation and licensing decisions can put them in a better position as the legal landscape develops.