Patenting for Inventors
by Adam L. Diament, J.D., Ph.D.: Registered Patent Attorney · 189 episodes
TechnologyBusiness
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...
Latest episodes
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12 min
Patent Evergreening: Legal Genius or System Abuse? EP182
This episode of The Patenting for Inventors takes on patent evergreening, the controversial practice of obtaining new patents on later improvements to an existing product so that p…
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13 min
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…
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10 min
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 chemica…
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11 min
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 preser…
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11 min
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 Interpretati…
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11 min
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 softwa…
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12 min
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 reas…
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12 min
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?…
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10 min
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.…
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10 min
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 t…
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10 min
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 survi…
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11 min
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 th…
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10 min
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 publicat…
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12 min
Using a Petition to Withdraw from Issue to Fix Last-Minute Errors. Ep. 169
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11 min
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 unp…
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9 min
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…
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10 min
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 p…
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10 min
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 happen…
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11 min
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 o…
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9 min
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 c…