What are Standard Essential Patents (SEPs) and FRAND? EP145
Release Date: 07/14/2024
How to Patent an Algorithm Without Saying “Algorithm” Ep. 177
Patenting for Inventors
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 “you can’t patent an algorithm” and wondered if that’s really true, this episode walks through how patent practitioners frame these inventions so they survive scrutiny and still...
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Why Some Patent Applications Are Published and Others Are Kept Secret. EP176
Patenting for Inventors
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 whether publishing helps or hurts your invention, or how secrecy can quietly lock you into a U.S.-only path, this is one of those topics that can save you from an expensive “I wish I’d known that...
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Patent Exhaustion - The Hidden Patent Rule Triggered by Your First Customer. EP175
Patenting for Inventors
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 your patent gives you endless leverage after a sale, this conversation might change how you think about pricing, licensing, and your go-to-market strategy. Connect with Adam Diament E-mail: ...
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You Patented It… But Did Open Source Just Blow It Up? The Legal Risks of Using Open Source Code Ep. 174
Patenting for Inventors
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 you’ve ever built fast using shared code and assumed patents would clean things up later, this is a must-listen before that assumption comes back to bite you. Connect with Adam Diament E-mail: ...
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How to Trace a Patent’s Relatives—and Why It Matters. EP173
Patenting for Inventors
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 wondered how one invention turns into an entire web of patents, this episode shows you where to look and why it matters. Connect with Adam Diament E-mail: Website: ...
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Do You Lose Your Patents in Bankruptcy? EP172
Patenting for Inventors
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 is a conversation you really don’t want to miss. Connect with Adam Diament E-mail: Website: Phone/Text: YouTube: Instagram: LinkedIn: ...
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Your Patent Application's First Judge: How the Patent Office Picks Your Examiner. EP171
Patenting for Inventors
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 the process. Connect with Adam Diament E-mail: Website: Phone/Text: YouTube: Instagram: LinkedIn: Amazon Book Page:
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How to Stop Competitors From Patenting Your Idea Without Filing a Patent – Defensive Publications. Ep. 170
Patenting for Inventors
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 from getting patents without the time, cost, and commitment of filing one yourself. Connect with Adam Diament E-mail: Website: Phone/Text: YouTube: ...
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Using a Petition to Withdraw from Issue to Fix Last-Minute Errors. Ep. 169
Patenting for Inventors
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How Universities Handle Inventorship and IP Rights for Student Inventions. Ep. 168
Patenting for Inventors
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 building a startup in your dorm room or collaborating with professors, this is a must-listen before you assume your invention is really yours. Connect with Adam Diament E-mail: ...
info_outlineIn 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