Patenting for Inventors

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, and what savvy inventors and startups should understand about this hidden but hugely influential part of the process. Connect with Adam Diament E-mail: adiament@nolanheimann.com Website: https://www.nolan...

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 about how defensive publications work, when they make sense, and how they can quietly block competitors from getting patents without the time, cost, and commitment of filing one yourself. Connect with Adam...

Using a Petition to Withdraw from Issue to Fix Last-Minute Errors. Ep. 169

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 where you go to school, and how a class project or lab access can quietly change ownership. Whether you're building a startup in your dorm room or collaborating with professors, this is a must-listen before ...

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 acquisitions before they hit the headlines, and uncover licensing and investment clues hiding in plain sight. If you've ever wanted to do real IP due diligence without a law firm budget, this is the episode that...

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, why this strategy can be incredibly powerful, and how it affects startups, competitors, and innovation itself. If you've ever wondered why some technologies feel impossible to break into, this episode ex...

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 actually requires when an inventor refuses to cooperate, what options still exist, and why this situation is far more common than most inventors realize. If you've ever worried that a falling-out could derail y...

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 from streaming video to smartphones to Wi-Fi without most people ever noticing. Patent pools can lower litigation risk, speed up adoption of new technologies, and at the same time create serious leverage fo...

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 app patentable, why simply "having an app" is not enough, and the biggest mistakes founders make before they file. If you're building software, planning a startup, or just wondering whether your app idea ...

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 patent, forges his own, murders the witness (in a children's film!), frames the inventor, and builds a dynasty on the world's least plausible legal cover-up. I breaks down what the movie hilariously misun...

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 is, how to join, who it helps (and who it doesn't), and why it might just change the way patents get examined, all with some healthy skepticism about letting robots near our inventions. Connect with Ada...

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 secrets, and why the law treats your poem, your logo, your invention, and your secret recipe so differently!

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. What's actually protectable in fashion and why is winning a fashion lawsuit so hard? Grab your kombucha—this one's worth a listen! Connect with Adam Diament E-mail: adiament@nolanheimann.com Website: https://...

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 weighing the value of exclusive rights before the ink is dry, this episode will help you navigate the pre-patent licensing landscape—with practical insights, sample contract clauses, and a few hoverboard...

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 out how to protect your rights, avoid unwanted co-owners, and structure smarter IP agreements from the start. Connect with Adam Diament E-mail: adiament@nolanheimann.com Website: https://www.nolanheimann...

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 identity has value—and the law is catching up to protect it. We'll break down real cases, and give practical tips on how to safeguard your personal brand in a world where your face can go viral without y...

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 illegality. From patented bongs to denied THC trademarks, you'll learn where the USPTO draws the line—and where it doesn't. Tune in to find out how far you can push the boundaries of innovation when the law hasn'...

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 what to watch out for in your filings. If you're innovating with AI, this is one episode you can't afford to miss! Connect with Adam Diament E-mail: adiament@nolanheimann.com Website: https://www.nolanh...

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 holders and what it takes to be considered an inventor on a patent. It might not be what you think! Connect with Adam Diament E-mail: adiament@nolanheimann.com Website: https://www.nolanheimann.com/legal-...

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 was denied trademark registration, but received a design patent for its same metal leg product. Learn why the difference in the definition of "functional" can make your break your ability to get a tradema...

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 wanted to patent a method to get a crush to fall in love with her by using the techniques used in her hit song from 2011, "Call Me Maybe"? How would she go about writing her patent claims in the Jepson st...

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 results" standard. The Supreme Court refused to hear a case that would have settled this, so we're left with the Federal Circuit's ruling in the case of Vanda Pharmaceuticals vs. Teva Pharmaceuticals. Listen to...

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 you'll agree that this is probably the most exciting episode of "Patenting for Inventors"! Connect with Adam Diament E-mail: adiament@nolanheimann.com Website: https://www.nolanheimann.com/legal-team/adam-dia...

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 invalidating your patent harder to do by others, and second, you can avoid the dreaded "Fraud on the Patent Office." Listen to the episide to find out more! Connect with Adam Diament E-mail: adiament@nolanheimann...

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 office? Do international patent applications have different rules from U.S. patent applications? Learn all of this and more with this week's episode! Connect with Adam Diament E-mail: adiament@nolanheimann.com...

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 that METHOD even though you sold the steaks? Does the on-sale bar apply to getting a patent for your secret METHOD or just apply to the physical steaks? A new case just cleared up this grey area. Listen to...

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 by licensing it on a "Fair, Reasonable, and Non-Discriminary" basis. Listen to the episode for more details and examples! Connect with Adam Diament E-mail: adiament@nolanheimann.com Website: https://www...

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 to this episode to learn more about the treaty and how it affects disclosure requirements when you file a patent application. ----------------- Connect with Adam Diament E-mail: adiament@nolanheimann.com ...

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, learn how this new test is applied and why more of your design patent applications might get rejected for obviousness. ------- E-mail: adiament@nolanheimann.com Website: https://www.nolanheimann.com/lega...

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 kinds of printed matter is and isn't patent eligible in this episode. Connect with Adam Diament E-mail: adiament@nolanheimann.com Website: https://www.nolanheimann.com/legal-team/adam-diament Phone/Text: (42...