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…
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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 Interpretation standard, how courts analyze claims after a patent issues, and why the wording of your claims, specification, and prosecution history can dramatically affect what your patent ultimately covers. I also explain what…
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 software inventions actually get patented in the real world, why inventors get tripped up by labels instead of substance, and how describing what your system does can matter more than what you call it. If you've ever been told…
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 reasons behind patent publication and secrecy, including the default 18-month rule, the little-known nonpublication option, and how a single checkbox at filing can change your entire IP strategy. If you've ever wondered…
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? In this episode, we dig into patent exhaustion, the surprisingly powerful doctrine that kicks in once you sell a patented product and can dramatically reshape your control over what happens next. If you've ever assumed…
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. Uh oh. In this episode, we unpack how open-source licenses can quietly collide with patent rights, when using open-source tools is totally fine, and when it can seriously undermine your ability to enforce a patent. If…
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 talk about how to trace a patent's relatives through continuation, divisional, and priority filings, and why that family tree can reveal hidden risks, future enforcement threats, or strategic opportunities. If you've ever…
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 survive bankruptcy, when they can be sold off to pay creditors, and why inventors are often shocked to learn they no longer control the IP they created. If you own patents, license them, or build a business around them, this…
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 the curtain on how the Patent Office assigns examiners, why that assignment can shape the entire life of your patent, and what savvy inventors and startups should understand about this hidden but hugely influential part of…
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 publications, a powerful but often overlooked strategy for putting your idea into the public domain on your terms. We talk about how defensive publications work, when they make sense, and how they can quietly block competitors…
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 unpack how universities handle inventorship and IP rights for student inventions, why the answer depends heavily on where you go to school, and how a class project or lab access can quietly change ownership. Whether you're…
