Patenting for Inventors

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

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.nolanheimann.com/legal-team/adam-diament Phone/Text: (424)281-0162 YouTube Channel LinkedIn

What is Analogous Art for Patents? EP140

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: [email protected] Website: https://www.nolanheimann.com/legal-team/adam-diament Phone/Text: (424)...

How Do I Know if My Design Is Patently Obvious? Episode 139

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: [email protected] Website: https://www.nolanheimann.com/legal-team/adam-diament Phone/Text: (424)281-0162 YouTube Channel LinkedIn

How to Search the New Trademark Search Website. EP138

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: [email protected] Website: https://www.nolanheimann.com/legal-team/adam-diament Phone/Text: (424)281-0162 YouTube Channel LinkedIn  

New Podcast - The Look. EP137

New Beginnings. EP136

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. 

What is the Patent Office New Patent Center? EP135.

What is Patent Insurance and Do I Need It?

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)281-0162 YouTube Channel: Diament Patent Law YouTube LinkedIn: Diament Patent Law LinkedIn Profile Facebook: Diament Patent Law Facebo...

What is the Patent Office Deferred Subject Matter Eligibility Response Pilot Program? EP 133

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.

What's Better? Trade Dress or Design Patent Protection? EP132

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: [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: Diament Patent Law Twitter

Can I Patent a Card Game? EP131

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: Diament Patent Law Twitter  

Can I Patent a Board Game? EP130

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: [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: Diament Patent Law Twitter

How to Review the History of a Patent Application - Using Public PAIR. EP129

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: [email protected] Website: DiamentPatentLaw.com Phone/Text: (424)281-0162 YouTube Channel: Diament Patent Law YouTube LinkedIn: Diament Patent Law Li...

What is the Medical Procedure Exemption for Patent Liability? EP128

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: [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: Diame...

Interview of Alfonso Martinez from "AM Patent Drawings & Graphics." Bonus Ep. 7

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@diamentpate...

The Top Five Reasons You SHOULDN'T File Foreign Patent Applications. EP127

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: [email protected] Website: DiamentPatentLaw.com Phone/Text: (424)281-0162 YouTube Channel: Diament Patent Law YouTube LinkedIn: Diament Patent Law LinkedIn Profile Facebook...

What is the Fast-Track Appeals Pilot Program at the Patent Office? EP126

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: [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...

Trademarking the Geographical Center of North America. EP125

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: [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: Diament Patent Law Twitter

Dead Inventors, Incapacitated Inventors, and Minors - Who Can File a Patent Application? EP124

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

What Shark Tank Gets Right and Wrong About Patents. EP123

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. 

How to Defer Payment of Covid-19 Related Provisional Applications. EP122

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 Program? EP121

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.

Quick Path Information Disclosure Statements (QPIDS). EP120

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!

Women's History Month - Hedy Lamarr. EP119

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!

Bonus Episode 06: David Schnider - Branding and Licensing

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!

Bonus Episode 05: Ara Oghoorian - Acap Advisors and Accountants - Business Entities and Tax Considerations

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...

Patent Litigation at the International Trade Commission. EP118

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.

What Happens at a Patent Trial? EP117

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.

What is Patent Litigation Discovery? EP116

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

What is Patent Litigation Scheduling? EP115

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.

How to Invalidate a Patent Quickly and Cheaply Using a Single Website. EP114

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 I Be Afraid That My Patent Attorney Will Steal My Idea? EP113

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?  

Can I use a Provisional Patent Application to Stop Infringers or Stop People From Stealing my Invention? EP112

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.

Does Your Employer Own Your Invention? EP111

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.

Shifting the Case Back to the USPTO. EP110

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.

How to Answer a Patent Infringement Complaint. EP109

In this episode I go over how to answer a patent infringement complaint. You just received a complaint that alleges that you are selling a product that infringes someone else's patent.  What do you do?  How you respond depends on various factors, but I go through one way to answer a patent infringement complaint in this episode.

Submarine Patents - EP108

What are submarine patents and should you be afraid of them? In this episode I go over an old trick to keep your invention secret until everyone is using it.  Then when your patent issues, surprise big industries with a huge patent infringement lawsuit.  Not as easily done as it used to be, but still doable in some circumstances. Listen to find out how and why.

The Top 10 Patent Acronyms. EP107

In this episode I go over the top 10 acronyms you'll come across in the patent world.  I talk about IP, filing your patent application with USPTO or EPO, what a PHOSITA is, using the MPEP to examine your patent application, appealing to PTAB or the CAFC, filing a PCT application under the rules from WIPO and getting a 35 USC 101 rejection.  Have no clue what I'm talking about? Then this episode is for you!

What Goes Into a Patent Infringement Complaint. EP106

In this episode I go through a typical patent infringement complaint, including how to write about about the party that is infringing, the infringing products, your patent, and how to ask the court to help you resolve the matter.

How to Respond to a Patent Cease and Desist Demand Letter. EP105

In this episode I discuss how to respond to a patent cease and desist letter, should you ever get one. There are various strategies such as: requesting to open up negotiations to license, threatening to countersue with your own patents, threatening to invalidate their patent, designing around their patent, or ignoring their letter. 

How to Write a Patent Cease and Desist Demand Letter and What to be Careful of. EP104

In this episode I go over a sample cease and desist letter that could be used if you want to tell a company to stop selling your patented invention. I also go over what you should be careful of when you draft your letter.

Overview of Patent Litigation. EP103

In this episode I go through a broad overview of patent litigation and briefly touch on the subjects of: the demand letter, the complaint, the answer, scheduling, discovery, claim construction/Markman hearings, summary judgment, trial, and appeals.

Beware of Internet Answers on Patent Law - U.S. and Chinese. EP102

In this episode I go over a question found on the Internet about whether a U.S. patent can be enforced in China. More importantly, I go over some of the wrong and incompletely answers that people were giving online in response to the question.

The Future of Patenting for Inventors. EP101

The "Patenting for Inventors Podcast" is branching out. I've now created animated videos on YouTube for various patent topics.  Check out the Diament Patent Law YouTube channel and subscribe to be notified when new videos come out. Youtube channel: https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw

You're Kidding Me - How Much is This Patent Going to Cost Me‽ EP100

The patent application process is expensive. You should know this upfront. In this episode I go over typical costs that you can expect for various stages of the patent application process and other typical costs for intellectual property matters such as copyrights and trademarks.

How to Sign Patent Documents. EP099

Signing a patent document should be easy, just print the document, take out a pen, sign on the line, print your name below, scan document, and submit to the patent office.  Not so fast! There are lots of ways to sign your document, and one way is with an s-signature. Learn how to sign by typing, and how to avoid all the pitfalls.

Preissuance Submissions - How to Stop Someone Else's Patent from Issuing. EP098

If you see a competitor's pending patent application and you're afraid that the examiner doesn't know that a reference exists that makes your competitor's so-call invention not new or obvious, then you can submit a third party preissuance submission. Learn how to submit documents to the USPTO for someone else's patent application file.

What is the Patent Prosecution Highway and What's the Speed Limit? EP097

Learn how to speed up your patent application examination using the Patent Prosecution Highway. If you have allowable claims in a foreign patent or in a PCT application, you can get your application moved to the front of the line and save a lot of time.

What Are Rule 132 Declarations and When Do I Need One? EP096

Sometimes your attorney arguing to the patent examiner that your invention is patentable isn't enough, and the examiner might say that your attorneys arguments aren't supported by facts. When this happens you will need a Rule 132 Declaration, and oftentimes an expert to tell the patent examiner that your invention is truly inventive. Learn all about Rule 132 Declarations in this episode.

Bonus Episode 04: Eric Rose Interview - Pinnacle Product Innovation

In this bonus episode of "Patenting for Inventors," I interview Eric Rose, founder and CEO of Pinnacle Product Innovation, Inc.  Eric is a product innovation and management consultant who provides entrepreneurs and established companies with the expertise to move new products from opportunity into marketplace reality. Eric has more than 35 years of experience in product innovation, product development, manufacturing, commercialization, and project management. He has worked in the consumer, m...