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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Tricky Time Zone Patent Deadlines. EP147
Patenting for Inventors
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: Website: Phone/Text:
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Update on the Public Disclosure and On-Sale Bar Doctrine. Secret Methods! EP146
Patenting for Inventors
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: Website: ...
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What are Standard Essential Patents (SEPs) and FRAND? EP145
Patenting for Inventors
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: Website: Phone/Text:
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Can You Patent Indigenous Knowledge and Genetic Resources? EP144
Patenting for Inventors
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: Website: Phone/Text:
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The New Design Patent Application Obviousness Test. EP143
Patenting for Inventors
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: Website: Phone/Text:
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What is the Printed Matter Doctrine and Why You Can't Patent Your Book. EP142
Patenting for Inventors
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: Website: Phone/Text:
info_outlineThere 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: [email protected]
Website: https://www.nolanheimann.com/legal-team/adam-diament
Phone/Text: (424)281-0162