What's Better? Trade Dress or Design Patent Protection? EP132
Release Date: 03/23/2022
The Risk of Joint Ownership in Patents – And Why It’s a Trap. EP157
Patenting for Inventors
In this episode of Patenting for Inventors, we dive into the hidden pitfalls of joint patent ownership—and why it’s often more trouble than it’s worth. From licensing surprises to enforcement roadblocks, you’ll learn how even the best-intentioned partnerships can turn into legal landmines. Find out how to protect your rights, avoid unwanted co-owners, and structure smarter IP agreements from the start. Connect with Adam Diament E-mail: Website: Phone/Text: YouTube: Instagram: LinkedIn: Amazon Book Page:
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Face Value: Protecting Your Identity with Name, Image, and Likeness Rights. EP156
Patenting for Inventors
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: Website: ...
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Trademark Refused, Patent Approved: Illegal Intellectual Property Explained. EP155
Patenting for Inventors
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: Website: ...
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Can Artificial Intelligence (AI) be an Inventor? Guidance from the Patent Office. EP154
Patenting for Inventors
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: Website: Phone/Text: YouTube: Instagram: LinkedIn: Amazon Book Page:
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Lights, Camera, Patent! 10 Celebrities You Didn't Know Were Patent Holders. EP153
Patenting for Inventors
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: Website: Phone/Text: YouTube: Instagram: LinkedIn: Amazon Book Page:
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Can a Fancy Leg Stand on Its Own as a Trademark? The Recent Case of In re Kason. EP152
Patenting for Inventors
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: ...
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Patent Me Maybe: (Carly Rae) Jepson-Style Patent Claims. EP151
Patenting for Inventors
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...
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What is Obviousness? A "Reasonable Expectation of Success," or "Predictable Results"? EP150
Patenting for Inventors
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...
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Congratulations! The Patent Office Wants More of Your Money! EP149
Patenting for Inventors
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: Website: Phone/Text: YouTube: Instagram: LinkedIn: Amazon Book Page:
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What is a Patent Post-Grant Supplemental Reexamination? EP148
Patenting for Inventors
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: Website: Phone/Text: YouTube: Instagram: LinkedIn: Amazon...
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