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

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

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

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

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...

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

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 everyth...

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

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

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

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 A...

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

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

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

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

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

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

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

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

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

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

Can You Patent Indigenous Knowledge and Genetic Resources? EP144

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

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...

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

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

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

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

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

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

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

New Beginnings. EP136

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.

What is Patent Insurance and Do I Need It?

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

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

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

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@...

Can I Patent a Board Game? EP130

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...

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

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

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

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

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

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

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

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

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

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

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...