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: adiament@nolanheimann.com   Website: https://www.nolanheimann.com/legal-team/adam-diament   Phone/Text: (424)281-0162   YouTube: https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw Instagram: https://www.instagram.com/trademarkpatentlaw/   LinkedIn: https://www.linkedin.com/in/adam-diament-j-d-ph-d-180a005/   Amazon Book Page: https://www.amazon.com/stores/author/B005SV2RZC/allbooks?ingress=0&visitId=831aff71-513b-4

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 patent assignment database, one of the most overlooked but powerful tools inventors can use. You'll learn how to track ownership changes, spot acquisitions before they hit the headlines, and uncover licensing and investment clues hiding in plain sight. If you've ever wanted to do real IP due diligence without a law firm budget, this is the episode that shows you how to think like a pro.   Connect with Adam Diament E-mail: adiament@nolanheimann.com   Website: https://www.nolanheimann.com/legal-team/adam-diament   Phone/Text: (424)281-0162   YouTube: https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw Instagram: https://www.instagram.com/trademarkpatentlaw/   LinkedIn: https://www.linkedin.com/in/adam-diament-j-d-ph-d-180a005/   Amazon Book Page: https://www.amazon.com/stores/author/B005SV2RZC/allbooks?ingress=0&visitId=831aff71-513b-4158-ad7

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 one? That's the idea behind patent thickets. In this episode, we unpack how large companies deliberately build dense webs of overlapping patents, why this strategy can be incredibly powerful, and how it affects startups, competitors, and innovation itself. If you've ever wondered why some technologies feel impossible to break into, this episode explains the quiet patent strategy that's often doing the blocking.   Connect with Adam Diament E-mail: adiament@nolanheimann.com   Website: https://www.nolanheimann.com/legal-team/adam-diament   Phone/Text: (424)281-0162   YouTube: https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw Instagram: https://www.instagram.com/trademarkpatentlaw/   LinkedIn: https://www.linkedin.com/in/adam-diament-j-d-ph-d-180a005/   Amazon Book Page: https://www.amazon.com/stores/author/B005SV2RZC/allbooks?ingress=0&

You built something together, the invention is real, the patent application is ready… and then everything grinds to a halt because your co-inventor suddenly won't sign. What happens now? Is the patent dead? Can they hold the invention hostage? In this episode, we talk through what the law actually requires when an inventor refuses to cooperate, what options still exist, and why this situation is far more common than most inventors realize. If you've ever worried that a falling-out could derail your patent, this episode might save you a lot of panic—and a lot of time.   Connect with Adam Diament E-mail: adiament@nolanheimann.com   Website: https://www.nolanheimann.com/legal-team/adam-diament   Phone/Text: (424)281-0162   YouTube: https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw Instagram: https://www.instagram.com/trademarkpatentlaw/   LinkedIn: https://www.linkedin.com/in/adam-diament-j-d-ph-d-180a005/   Amazon Book Page: https://www.amazon.com/stores/author/B005SV2RZC/allbooks?ingres

Ever wonder how companies that compete fiercely in the marketplace somehow manage to share patents without constantly suing each other? That's where patent pools come in. They're one of the most misunderstood, quietly powerful tools in tech, standards, and licensing, and they shape everything from streaming video to smartphones to Wi-Fi without most people ever noticing. Patent pools can lower litigation risk, speed up adoption of new technologies, and at the same time create serious leverage for the companies that control them. If you're an inventor or startup operating anywhere near a technical standard, understanding how patent pools work can mean the difference between smooth market entry and an unexpected licensing nightmare.   Connect with Adam Diament E-mail: adiament@nolanheimann.com   Website: https://www.nolanheimann.com/legal-team/adam-diament   Phone/Text: (424)281-0162   YouTube: https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw Instagram: https://www.instagram.com/trademarkpa

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 get off the ground. Is it the code? The features? The idea itself? Or something else entirely? In this episode, we break down what really makes an app patentable, why simply "having an app" is not enough, and the biggest mistakes founders make before they file. If you're building software, planning a startup, or just wondering whether your app idea is actually protectable, this is the episode you want to hear before you spend a dime on a patent.   Connect with Adam Diament E-mail: adiament@nolanheimann.com   Website: https://www.nolanheimann.com/legal-team/adam-diament   Phone/Text: (424)281-0162   YouTube: https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw Instagram: https://www.instagram.com/trademarkpatentlaw/   LinkedIn: https://www.linkedin.com/in/adam-diament-j-d-ph-d-180a005/   Amazon Book Page: https://www.amazon.com/stores/author/B

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 about talking animals turns into a full-blown IP scandal involving a snake inventor, a corrupt businessman who steals her journal, rips out her real patent, forges his own, murders the witness (in a children's film!), frames the inventor, and builds a dynasty on the world's least plausible legal cover-up. I breaks down what the movie hilariously misunderstands about patents, why none of this could ever happen with a real patent, and why it still makes for the greatest animated patent thriller ever made!

What happens when the USPTO lets artificial intelligence join the patent process? In this episode, I breaks down the brand-new Automated Search Pilot Program, a six-month experiment where AI runs a pre-exam prior art search before a human examiner even touches your application. I explains what it is, how to join, who it helps (and who it doesn’t), and why it might just change the way patents get examined, all with some healthy skepticism about letting robots near our inventions.   Connect with Adam Diament E-mail: adiament@nolanheimann.com   Website: https://www.nolanheimann.com/legal-team/adam-diament   Phone/Text: (424)281-0162   YouTube: https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw   Instagram:  https://www.instagram.com/trademarkpatentlaw/   LinkedIn: https://www.linkedin.com/in/adam-diament-j-d-ph-d-180a005/   Amazon Book Page: https://www.amazon.com/stores/author/B005SV2RZC/allbooks?ingress=0&visitId=831aff71-513b-4158-ad73-386ede491e93  

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 me in the latest episode of "The Patenting for Inventors Podcast," as we explore the hidden logic of patents, copyrights, trademarks, and trade secrets, and why the law treats your poem, your logo, your invention, and your secret recipe so differently!

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 of bulk, breaking down Lululemon's patent, trademark, trade dress, and unfair practices claims against Costco for selling lookalike fashion. What's actually protectable in fashion and why is winning a fashion lawsuit so hard? Grab your kombucha—this one’s worth a listen!   Connect with Adam Diament E-mail: adiament@nolanheimann.com   Website: https://www.nolanheimann.com/legal-team/adam-diament   Phone/Text: (424)281-0162   YouTube: https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw Instagram: https://www.instagram.com/trademarkpatentlaw/   LinkedIn: https://www.linkedin.com/in/adam-diament-j-d-ph-d-180a005/   Amazon Book Page: https://www.amazon.com/stores/author/B005SV2RZC/allbooks?ingress=0&visitId=831aff71-513b-4158-ad73-386ede491e93  

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, rewards, and real-world strategies behind licensing a patent-pending invention. Whether you’re an inventor looking to monetize early, or a company weighing the value of exclusive rights before the ink is dry, this episode will help you navigate the pre-patent licensing landscape—with practical insights, sample contract clauses, and a few hoverboard references along the way.   Connect with Adam Diament E-mail: adiament@nolanheimann.com   Website: https://www.nolanheimann.com/legal-team/adam-diament   Phone/Text: (424)281-0162   YouTube: https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw Instagram: https://www.instagram.com/trademarkpatentlaw/   LinkedIn: https://www.linkedin.com/in/adam-diament-j-d-ph-d-180a005/   Amazon Book Page: https://www.amazon.com/stores/author/B005SV2RZC/allbooks?ingress=0&visitId=831aff71-513b-4158-ad73-386ede49

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: adiament@nolanheimann.com   Website: https://www.nolanheimann.com/legal-team/adam-diament   Phone/Text: (424)281-0162   YouTube: https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw Instagram: https://www.instagram.com/trademarkpatentlaw/   LinkedIn: https://www.linkedin.com/in/adam-diament-j-d-ph-d-180a005/   Amazon Book Page: https://www.amazon.com/stores/author/B005SV2RZC/allbooks?ingress=0&visitId=831aff71-513b-4158-ad73-386ede491e93

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: adiament@nolanheimann.com   Website: https://www.nolanheimann.com/legal-team/adam-diament   Phone/Text: (424)281-0162   YouTube: https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw   Instagram:  https://www.instagram.com/trademarkpatentlaw/   LinkedIn: https://www.linkedin.com/in/adam-diament-j-d-ph-d-180a005/   Amazon Book Page: https://www.amazon.com/stores/author/B005SV2RZC/allbooks?ingress=0&visitId=831aff71-513b-4158-ad73-386ede491e93

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: adiament@nolanheimann.com   Website: https://www.nolanheimann.com/legal-team/adam-diament   Phone/Text: (424)281-0162   YouTube: https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw Instagram: https://www.instagram.com/trademarkpatentlaw/   LinkedIn: https://www.linkedin.com/in/adam-diament-j-d-ph-d-180a005/   Amazon Book Page: https://www.amazon.com/stores/author/B005SV2RZC/allbooks?ingress=0&visitId=831aff71-513b-4158-ad73-386ede491e93

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: adiament@nolanheimann.com   Website: https://www.nolanheimann.com/legal-team/adam-diament   Phone/Text: (424)281-0162   YouTube: https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw Instagram: https://www.instagram.com/trademarkpatentlaw/   LinkedIn: https://www.linkedin.com/in/adam-diament-j-d-ph-d-180a005/   Amazon Book Page: https://www.amazon.com/stores/author/B005SV2RZC/allbooks?ingress=0&visitId=831aff71-513b-4158-ad73-386ede491e93

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: adiament@nolanheimann.com   Website: https://www.nolanheimann.com/legal-team/adam-diament   Phone/Text: (424)281-0162   YouTube: https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw Instagram: https://www.instagram.com/trademarkpatentlaw/   LinkedIn: https://www.linkedin.com/in/adam-diament-j-d-ph-d-180a005/   Amazon Book Page: https://www.amazon.com/stores/author/B005SV2RZC/allbooks?ingress=0&visitId=831aff71-513b-4158-ad73-386ede491e93

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: adiament@nolanheimann.com   Website: https://www.nolanheimann.com/legal-team/adam-diament   Phone/Text: (424)281-0162   YouTube: https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw Instagram: https://www.instagram.com/trademarkpatentlaw/   LinkedIn: https://www.linkedin.com/in/adam-diament-j-d-ph-d-180a005/   Amazon Book Page: https://www.amazon.com/stores/author/B005SV2RZC/allbooks?ingress=0&visitId=831aff71-513b-415

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 traditional way that patent claims are written in the United States? Listen to this episode to find out!   Connect with Adam Diament E-mail: adiament@nolanheimann.com   Website: https://www.nolanheimann.com/legal-team/adam-diament   Phone/Text: (424)281-0162   YouTube: https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw   Instagram:  https://www.instagram.com/trademarkpatentlaw/   LinkedIn: https://www.link

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 means for the future biotech and drug patents!