Patenting for Inventors

Using a Petition to Withdraw from Issue to Fix Last-Minute Errors. Ep. 169

21 Apr 2026

Contributed by Lukas

How Universities Handle Inventorship and IP Rights for Student Inventions. Ep. 168

07 Apr 2026

Contributed by Lukas

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 unive...

How to Use the Patent Office Patent Assignment Database Like a Pro. Ep. 167

24 Mar 2026

Contributed by Lukas

Ever wonder who really owns a patent, or how to tell if a company quietly sold off its core technology? In this episode, we dive into the USPTO's pate...

Patent Thickets: When Owning Too Many Patents Is the Point. Ep. 166

10 Mar 2026

Contributed by Lukas

What if the goal isn't just to have a patent, but to surround an entire technology with so many patents that no one else can move without bumping into...

Help! My Co-Inventor Refuses to Sign the Patent Application! Ep. 165

24 Feb 2026

Contributed by Lukas

You built something together, the invention is real, the patent application is ready… and then everything grinds to a halt because your co-inventor ...

Patent Pools: Cooperation That Looks Like Competition. Ep. 164

09 Feb 2026

Contributed by Lukas

Ever wonder how companies that compete fiercely in the marketplace somehow manage to share patents without constantly suing each other? That's where p...

Can You Patent an App? What You Need to Know Before You File Ep. 163

28 Jan 2026

Contributed by Lukas

Everyone has an app idea, but very few people actually understand whether that idea can be patented or why so many app patents fail before they ever g...

Zootopia 2: The Shocking Fraudulent Patent That Drives the Entire Plot! EP162

10 Dec 2025

Contributed by Lukas

In this episode, I dive into Zootopia 2 and the absolutely unhinged fact that the entire plot revolves around a forged patent. Yes, a Disney movie abo...

The Robots Are Coming...to Help You Patent! The Patent Office's New Pilot Program for AI Patent Searches: Ep.161

19 Oct 2025

Contributed by Lukas

What happens when the USPTO lets artificial intelligence join the patent process? In this episode, I breaks down the brand-new Automated Search Pilot ...

When Ideas Defend Themselves: The Strange Rules of Intellectual Property Ep.160

29 Aug 2025

Contributed by Lukas

Not all intellectual property rights are automatic. Some appear the moment you create, others only when you use, file, or keep them locked away. Join ...

Lululemon Sues Costco - A Fashion Lawsuit You Can’t Just Downward Dog Out Of Ep.159

17 Jul 2025

Contributed by Lukas

Lululemon wants Costco to stop selling its copycat couture. In this episode, I cover the juicy new lawsuit between the premium yoga brand and the king...

The Pre-Patent Power Play: Can I License My Invention While It’s Still Patent Pending? Ep.158

19 Jun 2025

Contributed by Lukas

Can you really license your invention before your patent is granted? In this episode of The Patenting for Inventors Podcast, I break down the risks, r...

The Risk of Joint Ownership in Patents – And Why It’s a Trap Ep.157

30 May 2025

Contributed by Lukas

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...

Face Value: Protecting Your Identity with Name, Image, and Likeness Rights Ep.156

20 May 2025

Contributed by Lukas

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 e...

Trademark Refused, Patent Approved: Illegal Intellectual Property Explained Ep.155

12 May 2025

Contributed by Lukas

Can you patent an illegal invention? What about trademarking a product that breaks federal law—or copyrighting something downright criminal? In this...

Can Artificial Intelligence (AI) be an Inventor? Guidance from the Patent Office Ep.154

29 Apr 2025

Contributed by Lukas

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...

Lights, Camera, Patent! 10 Celebrities You Didn't Know Were Patent Holders Ep.153

31 Mar 2025

Contributed by Lukas

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 ...

Can a Fancy Leg Stand on Its Own as a Trademark? The Recent Case of In re Kason Ep.152

21 Mar 2025

Contributed by Lukas

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 "...

Patent Me Maybe: (Carly Rae) Jepson-Style Patent Claims Ep.151

14 Mar 2025

Contributed by Lukas

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...

What is Obviousness? A "Reasonable Expectation of Success," or "Predictable Results"? Ep.150

19 Feb 2025

Contributed by Lukas

You cannot get a patent if your invention is obvious. This can be tricky to determine for biotech and pharmaceutical patents. There are competing stan...

Congratulations! The Patent Office Wants More of Your Money! EP149

26 Nov 2024

Contributed by Lukas

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 ...

What is a Patent Post-Grant Supplemental Reexamination? EP148

09 Oct 2024

Contributed by Lukas

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 se...

Tricky Time Zone Patent Deadlines. EP147

26 Sep 2024

Contributed by Lukas

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 bas...

Update on the Public Disclosure and On-Sale Bar Doctrine. Secret Methods! EP146

23 Aug 2024

Contributed by Lukas

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 d...

What are Standard Essential Patents (SEPs) and FRAND? EP145

14 Jul 2024

Contributed by Lukas

In this episode I go over Standard Essential Patents (SEPs) are FRAND (Fair, Reasonable, and Non-Discriminatory) terms.   If someone comes up with a ...

Can You Patent Indigenous Knowledge and Genetic Resources? EP144

10 Jun 2024

Contributed by Lukas

A new treaty was adopted by the World Intellectual Property Organization about using knowledge and resources from indigenous people. This may have an ...

The New Design Patent Application Obviousness Test. EP143

30 May 2024

Contributed by Lukas

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 bee...

What is the Printed Matter Doctrine and Why You Can't Patent Your Book. EP142

08 May 2024

Contributed by Lukas

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 dif...

Who Owns Your Strawberries? A Plant Patent Conversation with Dr. Dale Hunt. Bonus Episode 7

23 Apr 2024

Contributed by Lukas

Why I Like Phone Calls From The 571 Area Code Ep.141

12 Apr 2024

Contributed by Lukas

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...

What is Analogous Art for Patents? Ep.140

04 Apr 2024

Contributed by Lukas

Your patent application can be rejected because your so-called invention is "obvious." But how is obviousness determined? What's the difference betwee...

How Do I Know if My Design is Patently Obvious? Ep.139

25 Mar 2024

Contributed by Lukas

The law may be changing soon on how to determine whether your new design is patentable. Learn what the controversy is behind the patentability standar...

How to Search the New Trademark Search Website. EP138

18 Mar 2024

Contributed by Lukas

The United States Patent and Trademark Office (USPTO) recently got rid of their old trademark searching website called TESS. In this episode learn how...

New Podcast - The Look. EP137

15 Jul 2023

Contributed by Lukas

New Beginnings. EP136

09 Dec 2022

Contributed by Lukas

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...

What is the Patent Office New Patent Center? EP135.

21 Sep 2022

Contributed by Lukas

What is Patent Insurance and Do I Need It?

31 Jul 2022

Contributed by Lukas

In this episode I go over the types of patent insurance, both defensive and offensive. What does patent insurance cover? Are there premiums, deductibl...

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

10 May 2022

Contributed by Lukas

The Patent Office will let you defer responding to a rejection based on "Subject Matter Eligiblity" to a later time. Learn what Subject Matter Eligibi...

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

23 Mar 2022

Contributed by Lukas

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...

Can I Patent a Card Game? EP131

27 Jan 2022

Contributed by Lukas

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: adam@diamentpate...

Can I Patent a Board Game? EP130

18 Nov 2021

Contributed by Lukas

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 ...

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

07 Oct 2021

Contributed by Lukas

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 do...

What is the Medical Procedure Exemption for Patent Liability? EP128

17 Sep 2021

Contributed by Lukas

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 ...

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

21 Jul 2021

Contributed by Lukas

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 dr...

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

16 Jul 2021

Contributed by Lukas

Most entrepreneurs want worldwide patent protection.  This would require more than one hundred foreign patent applications.  In this episode I go th...

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

02 Jul 2021

Contributed by Lukas

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 proc...

Trademarking the Geographical Center of North America. EP125

01 Jun 2021

Contributed by Lukas

In this episode I go over the story, and lessons learned, from two parties fighting over the trademark "Geographical Center of North America."   Conn...

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

30 Apr 2021

Contributed by Lukas

Sometimes strange situations might happen when you or your company tries to file a patent application and the inventor has died, is incapacitated, or ...

What Shark Tank Gets Right and Wrong About Patents. EP123

21 Apr 2021

Contributed by Lukas

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...

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

18 Apr 2021

Contributed by Lukas

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 ...

What is the Covid-19 Prioritized Examination Program? EP121

09 Apr 2021

Contributed by Lukas

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 ...

Quick Path Information Disclosure Statements (QPIDS). EP120

01 Apr 2021

Contributed by Lukas

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 foun...

Women's History Month - Hedy Lamarr. EP119

16 Mar 2021

Contributed by Lukas

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...

Bonus Episode 06: David Schnider - Branding and Licensing

02 Feb 2021

Contributed by Lukas

Learn the ins and outs of branding and licensing with special guest, attorney David Schnider, partner at Nolan Heimann.  We discuss royalties, minimu...

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

15 Jan 2021

Contributed by Lukas

In this bonus episode of the "Patenting for Inventors" podcast I interview Ara Oghoorian, founder of Acap Advisors and Accountants.  We talk about th...

Patent Litigation at the International Trade Commission. EP118

18 Dec 2020

Contributed by Lukas

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 ...

What Happens at a Patent Trial? EP117

15 Dec 2020

Contributed by Lukas

In this episode of the "Patenting for Inventors" podcast, I go over all the stages of a patent trial, including: preparation, jury selection, opening ...

What is Patent Litigation Discovery? EP116

11 Dec 2020

Contributed by Lukas

In this episode of the Patenting for Inventors Podcast I go over the basics of patent litigation discovery, including initial disclosures, requests fo...

What is Patent Litigation Scheduling? EP115

23 Nov 2020

Contributed by Lukas

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...

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

17 Nov 2020

Contributed by Lukas

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, sim...

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

07 Nov 2020

Contributed by Lukas

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 s...

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

30 Oct 2020

Contributed by Lukas

What good does a provisional patent application do? Can you use it to stop infringers? Can filing a provisional patent application stop others from st...

Does Your Employer Own Your Invention? EP111

14 Oct 2020

Contributed by Lukas

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 ab...

Shifting the Case Back to the USPTO. EP110

17 Sep 2020

Contributed by Lukas

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 ...

How to Answer a Patent Infringement Complaint. EP109

12 Aug 2020

Contributed by Lukas

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 tha...

Submarine Patents - EP108

27 Jul 2020

Contributed by Lukas

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 us...

The Top 10 Patent Acronyms. EP107

08 Jul 2020

Contributed by Lukas

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 ...

What Goes Into a Patent Infringement Complaint. EP106

02 Jul 2020

Contributed by Lukas

In this episode I go through a typical patent infringement complaint, including how to write about about the party that is infringing, the infringing ...

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

25 Jun 2020

Contributed by Lukas

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: requestin...

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

17 Jun 2020

Contributed by Lukas

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...

Overview of Patent Litigation. EP103

04 Jun 2020

Contributed by Lukas

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,...

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

29 May 2020

Contributed by Lukas

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 t...

The Future of Patenting for Inventors. EP101

31 Dec 2019

Contributed by Lukas

The "Patenting for Inventors Podcast" is branching out. I've now created animated videos on YouTube for various patent topics.  Check out the Diament...

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

09 Dec 2019

Contributed by Lukas

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 sta...

How to Sign Patent Documents. EP099

06 Dec 2019

Contributed by Lukas

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 ...

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

28 Nov 2019

Contributed by Lukas

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 competit...

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

19 Nov 2019

Contributed by Lukas

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...

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

16 Nov 2019

Contributed by Lukas

Sometimes your attorney arguing to the patent examiner that your invention is patentable isn't enough, and the examiner might say that your attorneys ...

Bonus Episode 04: Eric Rose Interview - Pinnacle Product Innovation

07 Nov 2019

Contributed by Lukas

In this bonus episode of "Patenting for Inventors," I interview Eric Rose, founder and CEO of Pinnacle Product Innovation, Inc.  Eric is a product i...

Trademark Likelihood of Confusion Factors. EP095

02 Nov 2019

Contributed by Lukas

How do you know whether or not you're infringing someone else's trademark, or whether your trademark can be registered? It all comes down "likelihood ...

Means Plus Function Claim Language. EP094

18 Oct 2019

Contributed by Lukas

In this episode I go over a special way of claiming your invention by using "means plus function" claim language.  In this way of claiming your inven...

Bonus Episode 03: Adam Diament Interview on the Products Business Show Podcast

03 Oct 2019

Contributed by Lukas

This is a crossover episode from the Products Business Show Podcast (Episode 78). Amy Wenslow is the founder of "Products to Profits," a business and ...

Be Careful What You Title Your Design Patent Application. EP093

26 Sep 2019

Contributed by Lukas

A recent Federal Circuit case held that the figures in your design patent don't tell the whole story of what the scope of your protection is. The WORD...

No Foreign Filing License? Go to Jail! EP092

19 Sep 2019

Contributed by Lukas

If you file a patent application in a foreign country without permission from the government, you possibly could be fined $10,000 and go to prison for...

What to do if You Miss a Deadline. EP091

12 Sep 2019

Contributed by Lukas

The patent application process includes an enormous amount of deadlines that you have to keep in mind.  In this episode I go over the main deadlines ...

Knowing Your Patent Examiner Can Help You. EP090

04 Sep 2019

Contributed by Lukas

Learn how to use statistical history at the Patent Office to your advantage so that your patent application will have a higher chance of allowance.  ...

So You Want to Be a Patent Agent or Patent Attorney. EP089

29 Aug 2019

Contributed by Lukas

Do you find writing patent applications and interacting with the Patent Office fun and exciting! If you do, you might want to know what it takes to be...

Bonus Episode 02: Amy Wenslow Interview - Products to Profits

22 Aug 2019

Contributed by Lukas

In this bonus episode, I interview Amy Wenslow, founder and CEO of Products to Profits. Amy has decades of experience in international product develop...

Patent Licensing. EP088

15 Aug 2019

Contributed by Lukas

In this podcast episode, learn the basics of what a patent license is, how it is different than an assignment, the different types of patent licenses,...

Willful Patent Infringement, Don't Do It! - EP087

09 Aug 2019

Contributed by Lukas

If you knew about someone else's patent but decided to make a product anyway that infringed that patent, you could be liable for triple the damages yo...

International Trademark Registration - The Madrid System. EP086

02 Aug 2019

Contributed by Lukas

As an inventor, you will want to have trademarks for your business name and products. You might also want to make sure that you're protected throughou...

Picture This Throughout the World - International Design Registration. EP085

25 Jul 2019

Contributed by Lukas

Is there a simplified process to get near worldwide design patent protection? Learn about the closest thing we have to worldwide design patent registr...

Will the Real Inventor Please Stand Up - Determining Inventorship in a Patent. EP084

18 Jul 2019

Contributed by Lukas

Who gets to be listed as an inventor on a patent? Do you have to physically make the product to be considered an inventor? Are engineers or manufactur...

Interpreting and Defining Words in a Patent. EP083

11 Jul 2019

Contributed by Lukas

How words are defined in a patent can make the difference between patenting infringing and non-infringement. But how should words be defined if there'...

My Friend Stole My Invention and Filed A Patent Application! Derivation Proceedings. EP082

04 Jul 2019

Contributed by Lukas

In this episode I go over a procedure in case someone steals your invention and then files a patent application before you do.  You can initiate a De...

Did I Commit Fraud on the Patent Office? Fixing it with Supplemental Examinations. EP081

27 Jun 2019

Contributed by Lukas

In this episode I go over a way to protect yourself in case you think someone might assert that you committed fraud on the Patent Office because you d...

Invalidating Someone Else's Patent Part 4 - Covered Business Method Reviews. EP080

20 Jun 2019

Contributed by Lukas

In this episode I go over a way of invalidating someone else's patent in a very specific situation. Covered Business Method (CBM) Reviews are for inva...

Invalidating Someone Else's Patent Part 3 - Post Grant Reviews. EP079

13 Jun 2019

Contributed by Lukas

In this episode I go over a third way to invalidate someone else's patent at the Patent Office, using a procedure called a Post Grant Review.

Invalidating Someone Else's Patents Part 2 - Inter Partes Reviews. EP078

06 Jun 2019

Contributed by Lukas

In this episode I go over a second way to invalidate someone else's patent at the Patent Office, using a procedure called an Inter Partes Review.

Invalidating Someone Else's Patent Part 1 - Ex Parte Reexaminations. EP077

30 May 2019

Contributed by Lukas

In this episode I go over one of the procedures you can use at the Patent Office to invalidate someone else's patent, called an Ex Parte Reexamination...