Season 7 Ep 4: IP Goes Pop®: Stuck In the “Middle” with You...and Patents, Trademarks, and Trade Secrets

While beginnings and ends usually get the spotlight, middles are often where the “magic” happens. The Empire Strikes Back transformed Star Wars from a successful sci-fi movie into a cultural phenomenon. Reservoir Dogs permanently linked “Stuck in the Middle With You” to one of the most memorable scenes in film history. And Malcolm in the Middle turned middle-child chaos into primetime television.

While beginnings and ends usually get the spotlight, middles are often where the “magic” happens. The Empire Strikes Back transformed Star Wars from a successful sci-fi movie into a cultural phenomenon. Reservoir Dogs permanently linked “Stuck in the Middle With You” to one of the most memorable scenes in film history. And Malcolm in the Middle turned middle-child chaos into primetime television.

In this episode of IP Goes Pop!®, Michael Snyder and Joseph Gushue explore the “middle” phase of intellectual property protection. The period between filing and final protection is a crucial phase where strategy, negotiation, and risk management take shape. Using pop culture references ranging from Quentin Tarantino films to Willy Wonka and Jurassic Park, the hosts connect famous middle acts in entertainment to the middle stages of the patent, trademark, trade secret, and copyright processes.

The episode breaks down what “patent pending” actually means, including the publication process, examination by patent examiners, and the extensive back-and-forth that occurs during patent prosecution. Michael and Joe explain why a meaningful examination process can strengthen a patent and how continuation patent application practice allow applicants to reshape protection while a patent application remains pending.

The discussion also contrasts patents with trade secrets, where the “middle” effectively becomes the entire lifecycle of protection. Maintaining secrecy through NDAs, restricted access, and confidentiality measures becomes the key to preserving trade secret rights indefinitely. Along the way, the hosts question whether Willy Wonka’s factory tours would survive modern confidentiality practices and whether Jurassic Park had one of the least effective trade secret protection programs in movie history.

The episode also explores trademark examination, modern USPTO scrutiny over goods-and-services descriptions, and the trademark opposition process that can significantly delay registration even after trademark examiner approval.

Whether you are protecting technology, building a brand, or managing confidential business information, this episode offers a practical look at the middle phase of IP protection where rights are often shaped, tested, and strengthened the most.

Key Moments:

(00:55) IP First, Lasts, and Middles

(01:40) “Stuck in the Middle With You” and Reservoir Dogs

Reservoir Dogs (1992)
- Stealers Wheel and the famous Quentin Tarantino scene
- Earworms, pop culture association, and juxtaposition in film
- Michael Madsen as Mr. Blonde

(05:01) Malcolm in the Middle and Famous “Middle” Stories

Malcolm in the Middle (200-2006) and sitcom family dynamics
Bryan Cranston before Breaking Bad (2008-2013)
Frankie Muniz and unexpected career paths
Michael’s wife in the show
- Season 3 Episode 15 Hal’s Birthday

(07:31) Why The Empire Strikes Back Became the Most Famous Middle Movie

First Star Wars Movie in original trilogy: Star Wars: Episode IV – A New Hope (1977)
- Luke Skywalker’s Story
Star Wars: Episode V – The Empire Strikes Back (1980)
- Major trilogy reveals
The lasting impact of franchise storytelling
Dune and Star Wars parallels (future episode)

(11:22) “Middles” in Intellectual Property: Obtaining a Patent Protection

Between filing and issuance
Patent publication and public disclosure
What “Patent Pending” Really Means
Patent examiners and review process
Novelty, non-obviousness, and examination standards

(17:10) Why Strong Patents Are “Battle Tested”

Patent prosecution as a dialogue
Examiner interviews and claim amendments
First-action allowances and patent strength

(19:02) Expanding Patent Protection During “Patent Pending” Process

Continuations and Continuation-in-Part Applications
Expanding patent protection during review process
Claim strategy while applications remain pending
Why timing matters before issuance

(20:52) “Middles” in Intellectual Property: Trade Secrets

Trade Secrets Require “Staying in the Middle”
- NDAs, secrecy measures, and restricted access
Trade Secrets in Pop Culture
- Willy Wonka & the Chocolate Factory (1971) “deleted scenes”
- Eli Lilly and highly protected manufacturing facilities
- Jurassic Park (1993), Dennis Nedry and corporate security

(26:16) “Middles” in Intellectual Property: Trademarks

Trademark examination and USPTO scrutiny
Descriptive marks and trademark refusals
Goods-and-services identification requirements
Common law trademark rights versus federal registration

(30:06) After Trademark Issuance

The publication and opposition process
Watch services
Trademark monitoring and enforcement strategy

(33:48) “Middles” in Intellectual Property: Copyrights

Crossover with trademarks
Past IP Goes Pop! Episodes on Copyright

(34:25) Final Thoughts

Attorneys

Practices

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