PODCAST · technology
Patenting for Inventors
by Adam L. Diament, J.D., Ph.D.: Registered Patent Attorney
Have an invention and want to know how to get a patent? Patenting for Inventors is a podcast about patents, patent applications, and the patent process, hosted by registered patent attorney Adam L. Diament, J.D., Ph.D. Adam takes you through the process of protecting an invention, from the moment you have an idea through patent searching, preparing and filing a patent application, responding to the USPTO, and ultimately obtaining an issued patent.Whether you are a first-time inventor, entrepreneur, startup founder, researcher, engineer, or simply curious about how patents work, the podcast explains complicated patent concepts in clear, practical language. Topics include provisional patents, non-provisional patent applications, patent searches, patent prosecution, patent claims, patentability, prior art, patent strategy, continuations, international patents, and patent costs and fees. The podcast also explores other areas of intellectual property, including trademarks, copyrights, trad
Episodes
-
The Hidden Risk of Keeping a Patent Application Alive Too Long – Prosecution Laches. EP181
In this episode of The Patenting for Inventors Podcast, I explain prosecution laches, a rarely used but important doctrine that can create problems when a patent applicant keeps an application pending for an extraordinarily long time. I discuss when lengthy prosecution can become unreasonable or...
-
Can You Patent a Smell? Ep. 180
In this episode I answer an unusual but very real intellectual-property question: Can you patent a smell? I explain why a scent itself generally cannot be patented, but the chemical composition that creates it, the process used to manufacture it, or a device that releases it may be patentable. I...
-
Lost in Translation: How Bad Patent Translations Can Kill Your Global Rights Ep. 179
Lost in Translation: How Bad Patent Translations Can Kill Your Global Rights. Patent translation isn't simply about converting words from one language to another, it's about preserving the legal and technical meaning of your patent. I explain how seemingly small translation mistakes can...
-
Why Patent Examiners and Judges Don't Read Your Patent the Same Way Ep. 178
In this episode I explain why a patent examiner and a judge may interpret the exact same patent claim differently. I break down the Patent Office's Broadest Reasonable Interpretation standard, how courts analyze claims after a patent issues, and why the wording of your claims, specification, and...
-
How to Patent an Algorithm Without Saying "Algorithm" Ep. 177
You've built something smart. Really smart. But the second you say the word "algorithm," alarm bells start going off at the Patent Office. In this episode, we talk about how software inventions actually get patented in the real world, why inventors get tripped up by labels instead of substance…
more -
Why Some Patent Applications Are Published and Others Are Kept Secret. EP176
Why does one patent show up online for the whole world to see while another seems to stay completely invisible for years? In this episode, we unpack the surprisingly strategic reasons behind patent publication and secrecy, including the default 18-month rule, the little-known nonpublication…
more -
Patent Exhaustion - The Hidden Patent Rule Triggered by Your First Customer. EP175
You finally make your first sale. Champagne moment. But what if that very first customer quietly flips a legal switch that limits what patent rights you can enforce going forward? In this episode, we dig into patent exhaustion, the surprisingly powerful doctrine that kicks in once you sell a...
-
You Patented It… But Did Open Source Just Blow It Up? The Legal Risks of Using Open Source Code Ep. 174
You spent the time, filed the application, and finally got the patent. Everything feels locked in… until someone casually mentions that part of your product uses open-source code. Uh oh. In this episode, we unpack how open-source licenses can quietly collide with patent rights, when using...
-
How to Trace a Patent's Relatives—and Why It Matters. EP173
Every patent has a family, and sometimes the most important rights aren't in the patent you're looking at, but in its siblings, parents, or long-lost cousins. In this episode, we talk about how to trace a patent's relatives through continuation, divisional, and priority filings, and why that…
more -
Do You Lose Your Patents in Bankruptcy? EP172
Bankruptcy feels like the end of the road, but what happens to your patents when the money runs out is anything but simple. In this episode, we dig into whether patent rights survive bankruptcy, when they can be sold off to pay creditors, and why inventors are often shocked to learn they no…
more -
Your Patent Application's First Judge: How the Patent Office Picks Your Examiner. EP171
Before your patent ever faces a court, a jury, or a competitor, it meets its very first judge: the patent examiner. And you don't get to pick them. In this episode, we pull back the curtain on how the Patent Office assigns examiners, why that assignment can shape the entire life of your patent…
more -
How to Stop Competitors From Patenting Your Idea Without Filing a Patent – Defensive Publications. Ep. 170
What if you don't actually want a patent, but you also don't want a competitor locking up your idea and using it against you later? In this episode, we dive into defensive publications, a powerful but often overlooked strategy for putting your idea into the public domain on your terms. We talk...
-
How Universities Handle Inventorship and IP Rights for Student Inventions. Ep. 168
If you're a student with a big idea, here's a question that can catch you completely off guard: do you actually own your invention, or does your university? In this episode, we unpack how universities handle inventorship and IP rights for student inventions, why the answer depends heavily on…
more -
How to Use the Patent Office Patent Assignment Database Like a Pro. Ep. 167
Ever wonder who really owns a patent, or how to tell if a company quietly sold off its core technology? In this episode, we dive into the USPTO's patent assignment database, one of the most overlooked but powerful tools inventors can use. You'll learn how to track ownership changes, spot...
-
Patent Thickets: When Owning Too Many Patents Is the Point. Ep. 166
What if the goal isn't just to have a patent, but to surround an entire technology with so many patents that no one else can move without bumping into one? That's the idea behind patent thickets. In this episode, we unpack how large companies deliberately build dense webs of overlapping patents,...
-
Help! My Co-Inventor Refuses to Sign the Patent Application! Ep. 165
You built something together, the invention is real, the patent application is ready… and then everything grinds to a halt because your co-inventor suddenly won't sign. What happens now? Is the patent dead? Can they hold the invention hostage? In this episode, we talk through what the law…
more -
Patent Pools: Cooperation That Looks Like Competition. Ep. 164
Ever wonder how companies that compete fiercely in the marketplace somehow manage to share patents without constantly suing each other? That's where patent pools come in. They're one of the most misunderstood, quietly powerful tools in tech, standards, and licensing, and they shape everything…
more -
Can You Patent an App? What You Need to Know Before You File Ep. 163
Everyone has an app idea, but very few people actually understand whether that idea can be patented or why so many app patents fail before they ever get off the ground. Is it the code? The features? The idea itself? Or something else entirely? In this episode, we break down what really makes an…
more -
Zootopia 2: The Shocking Fraudulent Patent That Drives the Entire Plot! Ep. 162
In this episode, I dive into Zootopia 2 and the absolutely unhinged fact that the entire plot revolves around a forged patent. Yes, a Disney movie about talking animals turns into a full-blown IP scandal involving a snake inventor, a corrupt businessman who steals her journal, rips out her real...
-
The Robots Are Coming...to Help You Patent! The Patent Office's New Pilot Program for AI Patent Searches: Ep.161
What happens when the USPTO lets artificial intelligence join the patent process? In this episode, I breaks down the brand-new Automated Search Pilot Program, a six-month experiment where AI runs a pre-exam prior art search before a human examiner even touches your application. I explains what it...
-
When Ideas Defend Themselves: The Strange Rules of Intellectual Property Ep.160
Not all intellectual property rights are automatic. Some appear the moment you create, others only when you use, file, or keep them locked away. Join me in the latest episode of "The Patenting for Inventors Podcast," as we explore the hidden logic of patents, copyrights, trademarks, and trade...
-
Lululemon Sues Costco - A Fashion Lawsuit You Can't Just Downward Dog Out Of Ep.159
Lululemon wants Costco to stop selling its copycat couture. In this episode, I cover the juicy new lawsuit between the premium yoga brand and the king of bulk, breaking down Lululemon's patent, trademark, trade dress, and unfair practices claims against Costco for selling lookalike fashion.…
more -
The Pre-Patent Power Play: Can I License My Invention While It's Still Patent Pending? Ep.158
Can you really license your invention before your patent is granted? In this episode of The Patenting for Inventors Podcast, I break down the risks, rewards, and real-world strategies behind licensing a patent-pending invention. Whether you're an inventor looking to monetize early, or a company...
-
The Risk of Joint Ownership in Patents – And Why It's a Trap Ep.157
In this episode of Patenting for Inventors, we dive into the hidden pitfalls of joint patent ownership—and why it's often more trouble than it's worth. From licensing surprises to enforcement roadblocks, you'll learn how even the best-intentioned partnerships can turn into legal landmines. Find…
more -
Face Value: Protecting Your Identity with Name, Image, and Likeness Rights Ep.156
In this episode, we're diving into the world of Name, Image, and Likeness (NIL) rights—what they are, why they matter, and how they're shaping everything from college sports to social media and AI. Whether you're an athlete, influencer, entrepreneur, or just someone with a digital presence, your...
-
Trademark Refused, Patent Approved: Illegal Intellectual Property Explained Ep.155
Can you patent an illegal invention? What about trademarking a product that breaks federal law—or copyrighting something downright criminal? In this episode of The Patenting for Inventors Podcast, you'll learn about the surprising differences in how U.S. intellectual property law treats…
more -
Can Artificial Intelligence (AI) be an Inventor? Guidance from the Patent Office Ep.154
Can AI be an inventor? The short answer is no—but the full story is more complex. In this episode, I break down the latest Patent Office guidance on AI-assisted inventions and what it means for inventorship. Learn when using AI still qualifies you for a patent, where the legal grey areas lie, and...
-
Lights, Camera, Patent! 10 Celebrities You Didn't Know Were Patent Holders Ep.153
What do Michael Jackson, Jamie Lee Curtis, Prince, and Charlie Sheen all have in common? They all hold U.S. patents! In this episode of The Patenting for Inventors Podcast learn about 10 celebrities that you probably didn't know patented their inventions. Learn about additional celebrity patent...
-
Can a Fancy Leg Stand on Its Own as a Trademark? The Recent Case of In re Kason Ep.152
You cannot get a design patent or a trademark registered for something that is considered "functional" -- but here's the tricky part: what counts as "functional" depends on whether you're talking about trademark law or patent law. Kason Industries Inc. recently learned this the hard way when it…
more -
Patent Me Maybe: (Carly Rae) Jepson-Style Patent Claims Ep.151
There are many ways to write patent claims. One way is called a Jepson-style patent claim, where you explicitly admit what is not inventive about your claim, and then state the part or parts that are inventive. It's not named after the singer named Carly Rae Jepsen, but what if Carly Rae Jepsen...
-
What is Obviousness? A "Reasonable Expectation of Success," or "Predictable Results"? Ep.150
You cannot get a patent if your invention is obvious. This can be tricky to determine for biotech and pharmaceutical patents. There are competing standards for how this is determined. One is the "reasonable expectation of success" standard, which is a lower threshold than the "predictable…
more -
Congratulations! The Patent Office Wants More of Your Money! EP149
The Patent Office is raising its fees for patents starting on January 19, 2025! To figure out what you actually need to pay for various things can be quite confusing as there are 471 lines of fees that you could potentially owe. I go over some of the main ones that you'll encounter. I think…
more -
What is a Patent Post-Grant Supplemental Reexamination? EP148
What is a patent post-grant supplemental reexamination? Once your patent has been issued, sometimes you might want to have the Patent Office take a second a look to see if it really should have been issued in the first place. Why would you want to do this? One reason is that it can make...
-
Tricky Time Zone Patent Deadlines. EP147
There are some tricky situations when it comes to the absolute final time for you to submit a document to the Patent Office. Is the final deadline based on the time zone you're in? Based on the time zone of the Patent Office? Based on whether you submit electronically or mail from the post…
more -
Update on the Public Disclosure and On-Sale Bar Doctrine. Secret Methods! EP146
If you disclose your product or sell it before you have a patent application on file, you may be barred from getting a patent due to the on-sale bar doctrine. But what if you have a secret METHOD, like a secret way to age steaks to make them more delicious, and you never disclosed or sold that…
more -
What are Standard Essential Patents (SEPs) and FRAND? EP145
In this episode I go over Standard Essential Patents (SEPs) are FRAND (Fair, Reasonable, and Non-Discriminatory) terms. If someone comes up with a patent for a technology, and that technology because a standard for an industry, then the company that owns the patent MUST adhere to FRAND principals...
-
Can You Patent Indigenous Knowledge and Genetic Resources? EP144
A new treaty was adopted by the World Intellectual Property Organization about using knowledge and resources from indigenous people. This may have an effect on drug patents, where the initial knowledge of the drug comes from indigenous cultures, and the plants they use to treat ailments. Listen…
more -
The New Design Patent Application Obviousness Test. EP143
There is a new standard for determining whether a design is obvious (and not patentable). The "old" rigid test called the Rosen-Durling test has been supplanted by a more flexible approach under the recently decided case of LKQ Corporation vs GM Global Technology Operations LLC. In this episode,...
-
What is the Printed Matter Doctrine and Why You Can't Patent Your Book. EP142
In this episode I go over a doctrine in patent law called the "Printed Matter Doctrine." You generally can't get a patent on something if the only difference is that you provided some written instructions on your product, even if those written instructions are new and non-obvious. Learn what…
more -
Why I Like Phone Calls From The 571 Area Code Ep.141
In this episode of the "Patenting for Inventors Podcast" I discuss why I get excited when I see a phone call coming from the 571 area code. Usually it means a patent examiner is calling me to make an "Examiner's Amendment." Why is that good and what are examiner amendments about? Listen to the...
-
What is Analogous Art for Patents? Ep.140
Your patent application can be rejected because your so-called invention is "obvious." But how is obviousness determined? What's the difference between "prior art" that can be cited to reject your invention for lack of novelty, and "analogous art" which is the requirement to reject your invention...
-
How Do I Know if My Design is Patently Obvious? Ep.139
The law may be changing soon on how to determine whether your new design is patentable. Learn what the controversy is behind the patentability standard for design patent obviousness. Does the case of KSR v. Teleflex apply to design patents like it does for utility patents. Or will the…
more -
How to Search the New Trademark Search Website. EP138
The United States Patent and Trademark Office (USPTO) recently got rid of their old trademark searching website called TESS. In this episode learn how to use the new and improved government trademark search website to see if the name of your product, business, or service has already been taken!...
-
New Beginnings. EP136
I will be joining the law firm of Nolan Heimann LLP as a partner on January 1, 2023. Listen to this episode to learn about all the expanded services I can now offer to entrepreneurs and businesses by joining Nolan Heimann's expert team of attorneys.
-
What is Patent Insurance and Do I Need It?
In this episode I go over the types of patent insurance, both defensive and offensive. What does patent insurance cover? Are there premiums, deductibles, or co-pays? Is it worth getting? Learn all of this and more in this episode! Connect with Diament Patent Law E-mail: [email protected]...
-
What is the Patent Office Deferred Subject Matter Eligibility Response Pilot Program? EP 133
The Patent Office will let you defer responding to a rejection based on "Subject Matter Eligiblity" to a later time. Learn what Subject Matter Eligibility is, why you might want to defer it, and what the pilot program is all about.
We're indexing this podcast's transcripts for the first time — this can take a minute or two. We'll show results as soon as they're ready.
No matches for "" in this podcast's transcripts.
No topics indexed yet for this podcast.
Loading reviews...
ABOUT THIS SHOW
Have an invention and want to know how to get a patent? Patenting for Inventors is a podcast about patents, patent applications, and the patent process, hosted by registered patent attorney Adam L. Diament, J.D., Ph.D. Adam takes you through the process of protecting an invention, from the moment you have an idea through patent searching, preparing and filing a patent application, responding to the USPTO, and ultimately obtaining an issued patent.Whether you are a first-time inventor, entrepreneur, startup founder, researcher, engineer, or simply curious about how patents work, the podcast explains complicated patent concepts in clear, practical language. Topics include provisional patents, non-provisional patent applications, patent searches, patent prosecution, patent claims, patentability, prior art, patent strategy, continuations, international patents, and patent costs and fees. The podcast also explores other areas of intellectual property, including trademarks, copyrights, trad
HOSTED BY
Adam L. Diament, J.D., Ph.D.: Registered Patent Attorney
CATEGORIES
Loading similar podcasts...
Frequently Asked Questions
How many episodes does Patenting for Inventors have?
Patenting for Inventors currently has 189 episodes available on PodParley. New episodes are automatically indexed when they're published to the podcast feed.
What is Patenting for Inventors about?
Have an invention and want to know how to get a patent? Patenting for Inventors is a podcast about patents, patent applications, and the patent process, hosted by registered patent attorney Adam L. Diament, J.D., Ph.D. Adam takes you through the process of protecting an invention, from the moment...
How often does Patenting for Inventors release new episodes?
Patenting for Inventors publishes regularly with 189 episodes available. Check the episode list for the typical release schedule.
Where can I listen to Patenting for Inventors?
You can listen to Patenting for Inventors on PodParley by clicking any episode. We provide an embedded audio player for direct listening, and you can also subscribe via your preferred podcast app using the RSS feed.
Who hosts Patenting for Inventors?
Patenting for Inventors is created and hosted by Adam L. Diament, J.D., Ph.D.: Registered Patent Attorney.
URL copied to clipboard!