Patenting for Inventors

Oct 09 2024 156 ep. 10 mins 592
Patenting for Inventors Podcast artwork

Learn the steps of how to patent your invention, from initial concept to issued patent. Host and registered patent attorney, Adam L. Diament, J.D., Ph.D., guides you through the complicated process of patenting your invention. This podcast starts from the beginning of what to do when you first have an idea, all the way through the steps that lead to an issued patent. Other intellectual property areas will also be covered, such as trademarks, copyrights, trade secrets, and licensing. Adam Diament is a partner at the law firm of Nolan Heimann LLP.

  Technology  Business
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What is a Patent Post-Grant Supplemental Reexamination? EP148

Oct 09 2024 8 mins  
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

Tricky Time Zone Patent Deadlines. EP147

Sep 26 2024 8 mins  
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 applicatio

Update on the Public Disclosure and On-Sale Bar Doctrine. Secret Methods! EP146

Aug 23 2024 8 mins  
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 pate

What are Standard Essential Patents (SEPs) and FRAND? EP145

Jul 14 2024 8 mins  
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 e

Can You Patent Indigenous Knowledge and Genetic Resources? EP144

Jun 10 2024 9 mins  
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 requirement

The New Design Patent Application Obviousness Test. EP143

May 29 2024 7 mins  
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 migh

What is the Printed Matter Doctrine and Why You Can't Patent Your Book. EP142

May 08 2024 7 mins  
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 Dia

Who Owns Your Strawberries? A Plant Patent Conversation with Dr. Dale Hunt. Bonus Episode 7

Apr 23 2024 53 mins  

Why I Like Phone Calls From The 571 Area Code - Patent Examiner Amendments. EP141

Apr 11 2024 5 mins  
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 latest episode and learn! Links: E-mail: [email protected] Website: https://www.n

What is Analogous Art for Patents? EP140

Apr 04 2024 8 mins  
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 based on obviousness? Listen to this episode and find out! --- Links: E-mail: adiame