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 Dia ...
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Can Artificial Intelligence (AI) be an Inventor? Guidance from the Patent Office. EP154
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8:13Can 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 inn…
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Lights, Camera, Patent! 10 Celebrities You Didn't Know Were Patent Holders. EP153
9:33
9:33
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9:33What 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…
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Can a Fancy Leg Stand on Its Own as a Trademark? The Recent Case of In re Kason. EP152
7:37
7:37
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7:37You 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 desi…
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Patent Me Maybe: (Carly Rae) Jepson-Style Patent Claims. EP151
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7:19There 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 lo…
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What is Obviousness? A "Reasonable Expectation of Success," or "Predictable Results"? EP150
7:12
7:12
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7:12You 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 …
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Congratulations! The Patent Office Wants More of Your Money! EP149
6:25
6:25
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6:25The 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 episo…
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What is a Patent Post-Grant Supplemental Reexamination? EP148
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8:01What 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, y…
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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…
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Update on the Public Disclosure and On-Sale Bar Doctrine. Secret Methods! EP146
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8:03If 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 o…
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What are Standard Essential Patents (SEPs) and FRAND? EP145
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8:07In 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-Disc…
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Can You Patent Indigenous Knowledge and Genetic Resources? EP144
9:15
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9:15A 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…
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The New Design Patent Application Obviousness Test. EP143
7:21
7:21
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7:21There 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 yo…
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What is the Printed Matter Doctrine and Why You Can't Patent Your Book. EP142
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7:03In 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 t…
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Who Owns Your Strawberries? A Plant Patent Conversation with Dr. Dale Hunt. Bonus Episode 7
53:01
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Why I Like Phone Calls From The 571 Area Code - Patent Examiner Amendments. EP141
5:32
5:32
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5:32In 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: adiament@nolan…
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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 fin…
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How Do I Know if My Design Is Patently Obvious? Episode 139
8:18
8:18
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8:18The 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 Rosen/Durling Test still reign supreme! --- E-mail: adiament@nol…
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How to Search the New Trademark Search Website. EP138
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9:06The 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! -------- E-mail: [email protected] Website: ht…
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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.By Adam L. Diament, J.D., Ph.D.: Registered Patent Attorney
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What is the Patent Office New Patent Center? EP135.
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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] Website: DiamentPatentLaw.com Phone/Text: (424)281-01…
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What is the Patent Office Deferred Subject Matter Eligibility Response Pilot Program? EP 133
9:22
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9:22The 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.By Adam L. Diament, J.D., Ph.D.: Registered Patent Attorney
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What's Better? Trade Dress or Design Patent Protection? EP132
10:35
10:35
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10:35In this episode I go over the factors to consider when trying to protect the look of your product, and whether trade dress or design patent protection might be better for you (or both!). Connect with Diament Patent Law E-mail: [email protected] Website: DiamentPatentLaw.com Phone/Text: (424)281-0162 YouTube Channel: Diament Patent Law YouTu…
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In this episode I go over what kind of card games can be patented and how to avoid a typical patent eligibility rejection. E-mail: [email protected] Website: DiamentPatentLaw.com Phone/Text: (424)281-0162 YouTube Channel: Diament Patent Law YouTube LinkedIn: Diament Patent Law LinkedIn Profile Facebook: Diament Patent Law Facebook Twitter: …
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