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., founder and owner of Diament Patent Law, guides you through the complicated process of patenting your invention. This podcast starts from the be…
Adam L. Diament, J.D., Ph.D.: Registered Patent Attorney
The Patenting for Inventors podcast, hosted by Dr. Adam Diament, is an exceptional resource for anyone looking to gain a comprehensive understanding of the patenting process. Dr. Diament's teaching style is concise and effective, as he presents information without any unnecessary fluff and uses real-world examples to ensure a firm grasp of the concepts. As someone filing their first-ever patent application, I have found this podcast to be invaluable in providing me with the knowledge and guidance necessary for success.
One of the best aspects of this podcast is Dr. Diament's ability to break down complex topics into easily understandable segments. He organizes the information in a logical order, presenting it in plain language that makes it accessible to listeners with no background in patents. Furthermore, his incorporation of practical insights and guidance throughout the episodes enhances the learning experience and provides valuable tips for navigating the patenting process effectively.
Another standout aspect of this podcast is its usefulness as a self-paced Master's course in patents. The content provided goes beyond just surface-level information and delves into the intricacies of patent law. It covers all essential elements, guiding listeners through each step of preparing a patent application with clarity and precision. The inclusion of real-world examples further reinforces understanding and makes the learning process enjoyable.
While it is difficult to find any significant drawbacks to this podcast, one potential criticism may be that some listeners may feel inclined to skip ahead or jump around episodes without following the proper sequence recommended by Dr. Diament. However, doing so would diminish the overall effectiveness of the learning experience, as each episode builds upon previous ones.
In conclusion, The Patenting for Inventors podcast is an outstanding resource for individuals seeking to submit their own patent application or expand their knowledge in patent law. Dr. Adam Diament's teaching style, coupled with his expertise in the field, creates a highly informative and engaging experience. Whether you are a beginner or have some familiarity with patents, this podcast is an excellent tool for mastering the essentials of patenting. I highly recommend it to anyone looking to navigate the patenting process successfully.
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 your permission. Connect with Adam Diament E-mail: adiament@nolanheimann.com Website: https://www.nolanheimann.com/legal-team/adam-diament Phone/Text: (424)281-0162 YouTube: https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw Instagram: https://www.instagram.com/trademarkpatentlaw/ LinkedIn: https://www.linkedin.com/in/adam-diament-j-d-ph-d-180a005/ Amazon Book Page: https://www.amazon.com/stores/author/B005SV2RZC/allbooks?ingress=0&visitId=831aff71-513b-4158-ad73-386ede491e93
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't quite caught up. Connect with Adam Diament E-mail: adiament@nolanheimann.com Website: https://www.nolanheimann.com/legal-team/adam-diament Phone/Text: (424)281-0162 YouTube: https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw Instagram: https://www.instagram.com/trademarkpatentlaw/ LinkedIn: https://www.linkedin.com/in/adam-diament-j-d-ph-d-180a005/ Amazon Book Page: https://www.amazon.com/stores/author/B005SV2RZC/allbooks?ingress=0&visitId=831aff71-513b-4158-ad73-386ede491e93
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.nolanheimann.com/legal-team/adam-diament Phone/Text: (424)281-0162 YouTube: https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw Instagram: https://www.instagram.com/trademarkpatentlaw/ LinkedIn: https://www.linkedin.com/in/adam-diament-j-d-ph-d-180a005/ Amazon Book Page: https://www.amazon.com/stores/author/B005SV2RZC/allbooks?ingress=0&visitId=831aff71-513b-4158-ad73-386ede491e93
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-team/adam-diament Phone/Text: (424)281-0162 YouTube: https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw Instagram: https://www.instagram.com/trademarkpatentlaw/ LinkedIn: https://www.linkedin.com/in/adam-diament-j-d-ph-d-180a005/ Amazon Book Page: https://www.amazon.com/stores/author/B005SV2RZC/allbooks?ingress=0&visitId=831aff71-513b-4158-ad73-386ede491e93
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 trademark registered or a design patent issued. Connect with Adam Diament E-mail: adiament@nolanheimann.com Website: https://www.nolanheimann.com/legal-team/adam-diament Phone/Text: (424)281-0162 YouTube: https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw Instagram: https://www.instagram.com/trademarkpatentlaw/ LinkedIn: https://www.linkedin.com/in/adam-diament-j-d-ph-d-180a005/ Amazon Book Page: https://www.amazon.com/stores/author/B005SV2RZC/allbooks?ingress=0&visitId=831aff71-513b-4158-ad73-386ede491e93
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 style of claim drafting? And how would those Jepson-style claims be different compared to the traditional way that patent claims are written in the United States? Listen to this episode to find out! Connect with Adam Diament E-mail: adiament@nolanheimann.com Website: https://www.nolanheimann.com/legal-team/adam-diament Phone/Text: (424)281-0162 YouTube: https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw Instagram: https://www.instagram.com/trademarkpatentlaw/ LinkedIn: https://www.linkedin.com/in/adam-diament-j-d-ph-d-180a005/ Amazon Book Page: https://www.amazon.com/stores/author/B005SV2RZC/allbooks?ingress=0&visitId=831aff71-513b-4158-ad73-386ede491e93
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 this episode to learn how these tests can give different results for patentability and what it means for the future biotech and drug patents!
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-diament Phone/Text: (424)281-0162 YouTube: https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw Instagram: https://www.instagram.com/trademarkpatentlaw/ LinkedIn: https://www.linkedin.com/in/adam-diament-j-d-ph-d-180a005/ Amazon Book Page: https://www.amazon.com/stores/author/B005SV2RZC/allbooks?ingress=0&visitId=831aff71-513b-4158-ad73-386ede491e93
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.com Website: https://www.nolanheimann.com/legal-team/adam-diament Phone/Text: (424)281-0162 YouTube: https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw Instagram: https://www.instagram.com/trademarkpatentlaw/ LinkedIn: https://www.linkedin.com/in/adam-diament-j-d-ph-d-180a005/ Amazon Book Page: https://www.amazon.com/stores/author/B005SV2RZC/allbooks?ingress=0&visitId=831aff71-513b-4158-ad73-386ede491e93
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 Website: https://www.nolanheimann.com/legal-team/adam-diament Phone/Text: (424)281-0162 YouTube Channel LinkedIn Instagram
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 the episode and find out the answer! Connect with Adam Diament E-mail: adiament@nolanheimann.com Website: https://www.nolanheimann.com/legal-team/adam-diament Phone/Text: (424)281-0162 YouTube Channel LinkedIn
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.nolanheimann.com/legal-team/adam-diament Phone/Text: (424)281-0162 YouTube Channel LinkedIn
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 Website: https://www.nolanheimann.com/legal-team/adam-diament Phone/Text: (424)281-0162 YouTube Channel LinkedIn
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/legal-team/adam-diament Phone/Text: (424)281-0162 YouTube Channel LinkedIn
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: (424)281-0162 YouTube Channel LinkedIn
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: adiament@nolanheimann.com Website: https://www.nolanheimann.com/legal-team/adam-diament Phone/Text: (424)281-0162 YouTube Channel LinkedIn
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: adiament@nolanheimann.com Website: https://www.nolanheimann.com/legal-team/adam-diament Phone/Text: (424)281-0162 YouTube Channel LinkedIn
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 Rosen/Durling Test still reign supreme! --- E-mail: adiament@nolanheimann.com Website: https://www.nolanheimann.com/legal-team/adam-diament Phone/Text: (424)281-0162 YouTube Channel LinkedIn
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! -------- E-mail: adiament@nolanheimann.com Website: https://www.nolanheimann.com/legal-team/adam-diament Phone/Text: (424)281-0162 YouTube Channel LinkedIn
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.
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: adam@diamentpatentlaw.com 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: Diament Patent Law Twitter
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.
In 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: adam@diamentpatentlaw.com 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: Diament Patent Law Twitter
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: adam@diamentpatentlaw.com 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: Diament Patent Law Twitter
Can I patent a board game? Learn what can and can't be patented about board game in this episode of the Patenting for Inventors Podcast. Connect with Diament Patent Law E-mail: adam@diamentpatentlaw.com 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: Diament Patent Law Twitter
In this episode of the Patenting for Inventors Podcast, I teach you how to research the history of a patent by using Public PAIR. You can see every document from the inventor and Patent Office, and use that information to help you understand why a patent was either allowed or rejected. Connect with Diament Patent Law E-mail: adam@diamentpatentlaw.com 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: Diament Patent Law Twitter
In this Patenting for Inventors Podcast episode I go over a special legal exemption that doctors have to protect them against getting sued for patent infringement if they perform a patented medical procedure. --- Connect with Diament Patent Law E-mail: adam@diamentpatentlaw.com 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: Diament Patent Law Twitter
Formal patent drawings should not be attempted on your own. Even most patent attorneys don't make their own patent drawings, and instead use patent drawing specialists. But how are formal patent drawings actually made? In this bonus episode, I interview Alfonso Martinez from "AM Patent Drawings & Graphics" and talk about the entire process of taking your sketches and photographs and turning them in beautiful patent drawings. Connect with Diament Patent Law E-mail: adam@diamentpatentlaw.com 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: Diament Patent Law Twitter
Most entrepreneurs want worldwide patent protection. This would require more than one hundred foreign patent applications. In this episode I go through the top five reasons you probably SHOULDN'T file foreign patent applications (and a few reasons you might). Connect with Diament Patent Law E-mail: adam@diamentpatentlaw.com Website: DiamentPatentLaw.com Phone/Text: (424)281-0161 YouTube Channel: Diament Patent Law YouTube LinkedIn: Diament Patent Law LinkedIn Profile Facebook: Diament Patent Law Facebook Twitter: Diament Patent Law Twitter
There are many ways to speed up your patent application examination. One way is to use the Fast-Track Appeals Pilot Program to shorten the appeal process by perhaps a year. Learn what you need in this episode to get your appeal fast-tracked! Connect with Diament Patent Law E-mail: adam@diamentpatentlaw.com Website: DiamentPatentLaw.com Phone/Text: (424)281-0161 YouTube Channel: Diament Patent Law YouTube LinkedIn: Diament Patent Law LinkedIn Profile Facebook: Diament Patent Law Facebook Twitter: Diament Patent Law Twitter
In this episode I go over the story, and lessons learned, from two parties fighting over the trademark "Geographical Center of North America." Connect with Diament Patent Law E-mail: adam@diamentpatentlaw.com Website: DiamentPatentLaw.com Phone/Text: (424)281-0161 YouTube Channel: Diament Patent Law YouTube LinkedIn: Diament Patent Law LinkedIn Profile Facebook: Diament Patent Law Facebook Twitter: Diament Patent Law Twitter
Sometimes strange situations might happen when you or your company tries to file a patent application and the inventor has died, is incapacitated, or the inventor is a minor. Can dead people and minors even file patent applications? Listen and find out! www.diamentpatentlaw.com
In this episode I go over what the entrepreneurs and sharks get right and wrong about patents from the TV show Shark Tank. Oftentimes the sharks and entrepreneurs gloss over what protection they have (or more likely don't have), and I go over one particular episode where the sharks did a good job on questioning the entrepreneurs about their patent.
In this episode I go over a special program from the Patent Office about how you can defer payment of your provisional patent application filing fees if your invention is Covid-19 related.
What is the Covid-19 Prioritized Examination? In this episode, learn how to get your patent application placed at the front of the line at the Patent Office with this free special program so your invention can get a patent within six months instead of what normally could take two to three years.
In this episode I go over the procedure of what to do if your patent is about to issue, you paid the issue fee to the Patent Office, but you just found something similar to your invention that you didn't previously disclose. QPIDS is the answer! Listen and find out what it is and how it's done!
In this episode, in honor of Women's History Month, I talk about one of the most famous female inventors of all time, actress Hedy Lamarr. Learn about her great achievements both on and off the screen!
Learn the ins and outs of branding and licensing with special guest, attorney David Schnider, partner at Nolan Heimann. We discuss royalties, minimum guarantees, audits, what to watch out for in licensing agreements, exclusive vs. non-exclusive agreements, protecting your goods on Amazon, special considerations for intellectual property in the cannabis industry, and more!
In this bonus episode of the "Patenting for Inventors" podcast I interview Ara Oghoorian, founder of Acap Advisors and Accountants. We talk about things to consider when you want to turn your invention into a business, such as what kind of entity you should form (c-corp, s-corp, llc, sole proprietorship). We also talk about not commingling funds, maintaining accurate books, taking a reasonable salary, and getting the proper licenses to operate your business. Acap Advisors and Accountants: https://www.acapam.com/ Email: info@acapam.com Acap Advisors and Accountant YouTube Channel: https://www.youtube.com/c/Acapam Phone: 1-818-272-8511
In this episode of the podcast I go over another way to litigate your patent. By using the International Trade Commission (ITC) you can stop imported infringing goods at the border. Learn how the ITC works and how to use it to your advantage.
In this episode of the "Patenting for Inventors" podcast, I go over all the stages of a patent trial, including: preparation, jury selection, opening statements, witness testimony, closing statements, the verdict, and potential appeals.
In this episode of the Patenting for Inventors Podcast I go over the basics of patent litigation discovery, including initial disclosures, requests for production of documents, requests for inspection, interrogatories, requests for admissions, depositions, and expert discovery. http://www.diamentpatentlaw.com
When a patent case starts, the judge wants to make sure that both parties are progressing in a timely manner to resolve the matter. Various parts of the case must be completed by certain dates, which laid out in a scheduling order. Listen to this podcast to learn the basics of patent litigation scheduling.
If you have received a cease and desist letter for your product based on alleged patent infringement, there may be a way to respond that is quick, simple, and cheap, by using a single easy to use website. Listen and find out what it is and how to do it.
Should you be afraid that your patent attorney will steal your idea? Why won't patent attorneys sign non-disclosure agreements if they don't plan on stealing your idea?
What good does a provisional patent application do? Can you use it to stop infringers? Can filing a provisional patent application stop others from stealing your invention? Find out as I answer this question from the Internet.
If you're an employee and come up with an invention, there's a good chance you don't actually own your invention. Listen to this episode to learn about the factors used to determine whether you or your employer owns the invention.
In this episode I talk about how a patent suit at the district court can be temporarily halted by the defendant requesting a post-grant review at the USPTO. This usually happens with an inter partes review request or a covered business method review request. Once the USPTO makes a determination on the validity of the patent, the case may essentially end the trial court, or the trial court may continue to determine infringement.
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