Patenting for Inventors

Learn the steps of how to patent your invention, from initial concept to issued patent. Host and registered patent attorney, Adam L. Diament, J.D., Ph.D., guides you through the complicated process of patenting your invention. This podcast starts from the beginning of what to do when you first have an idea, all the way through the steps that lead to an issued patent. Other intellectual property areas will also be covered, such as trademarks, copyrights, trade secrets, and licensing. Adam Diament is a partner at the law firm of Nolan Heimann LLP.

What is Intellectual Property and What Kind do I Need? EP001

In this episode I go through the four main types of intellectual property so you can determine whether you might need patent, trademark, copyright and/or trade secret protection.

12-10
09:06

Is My Idea Patentable? EP002

In this episode I tackle the question of whether your idea (or embodiments of your idea) is even eligible to receive a patent. I go through inventions and discoveries that can be subject to a patent, and ones that cannot be subject to a patent.

12-11
06:15

Is My Invention New, Useful and Non-Obvious? EP003

In this episode I go through the next steps to determine whether your invention might be patentable.  In order to receive a patent, your invention must be new, useful, and non-obvious.  But how is that determined? This episode will give you a quick rundown.

12-14
07:51

How to Patent Search and Find Similar Inventions? EP004

In this episode I go through ways to do a patent search, including key word searches, classification searches, and forward/backward citation searches.  I also go through an example patent search for an avocado slicer where you can follow along.

12-19
13:27

Should I Tell People About My Invention and What are the Patent Application Deadlines? EP005

In this episode I go through the problems of telling people about your invention, who you should get to sign non-disclosure agreements, and the deadlines to file your patent application if you've already disclosed your invention to the public.

12-20
07:57

How to Read and Understand the Parts of a Patent. EP006

In this episode I go through a brief introduction of the main six parts of a patent: 1) the abstract, 2) background of the invention, 3) summary of the invention, 4) brief description of drawings, 5) detailed description of the embodiments, and 6) the claims. In later episodes I will go over more details about each of these parts.

12-27
10:48

What is the Patent Application Process? EP007

In this episode I go through what happens from when you file your patent application until your patent issues.  There are lots of twists and turns your application can take so this is just a general overview of what happens and what you should do when you get a rejection, and your options, such as amending your application, arguing for patentability, filing a request for continued examination, appealing to the Patent Trial and Appeal Board, Federal Circuit, and Supreme Court.  Details will be covered in future episodes.

01-02
10:33

What are Provisional Patent Applications and Should I File One? EP008

In this episode I go over what provisional patent applications are, the differences between provisional and non-provisional patent applications, the pros and cons of provisional patent applications, and the requirements for provisional patent applications.

01-08
14:04

How to Draft Claims - Part 1 - Identifying Your Invention. EP009

In this episode I go through the initial step of claim drafting, which is first to identify what your invention actually is.  I go through an example of patented multi-bit screwdriver using the "prune and distill" and "problem and solution" methods of identifying the invention. Only after you have first identified the invention should you begin to draft claims and the rest of your invention.

01-18
13:17

How to Draft Claims - Part 2 - Anatomy of a Device or Apparatus Claim. EP010

In this episode I go through the parts of a device or apparatus claim, which are the preamble, the transition word, and the limitations.  I cover some major things to think about when you draft claims, and some pitfalls to avoid. 

01-23
11:14

How to Draft Claims - Part 3 - Anatomy of a Method Claim. EP011

In this episode I go through the anatomy of a method claim.  I go through the various types, such as claims for new and non-obvious steps to accomplish a goal, a method of making a product, and product by process claims.  I use simple examples such as a hypothetical claim to patent frying an egg and an actual patented method of making guacamole and a product by process claim for guacamole.

01-29
12:13

How to Draft Claims - Part 4 - Independent and Dependent Claims. EP012

In this episode I go through the differences between independent claims and dependent claims and why you should have a mix of broad independent claims and narrower dependent claims in your patent.  Dependent claims serve as backups in case your broad independent claim is found invalid and I go through some examples of how these are drafted.

02-06
10:42

How to Draft Claims - Part 5 - 10 Quick Tips for Claim Drafting. EP013

In this episode I go through ten useful tips for drafting claims. There are lots of things to think about when drafting claims and here's just a taste of some aspects to think about.

03-09
15:04

How to do Patent Drawings. EP014

In this episode I go through the requirements for utility patent application drawings.

03-14
11:01

How to Write the Detailed Description of the Embodiments. EP015

In this episode I go through the part of the patent application called "The Detailed Description of the Embodiments."  I go over how to write this section to satisfy the written description, enablement and best mode requirements. I go over how to relate you description to your claims section and and how to relate it to the drawings.  I discuss numerous tips and tricks when writing this section.

03-22
13:18

How to Write the Brief Description of the Drawings. EP016

In this episode I go over the section of the patent application called "The Brief Description of the Drawings." It's fairly simple to do, just write a short one sentence blurb and include the figure number, the direction of the view, and what it's a figure of.

03-27
03:36

How to Write the Background of the Invention. EP017

In this episode I go through the part of the patent application called "The Background of the Invention."  Here you discuss what came before your invention and some of the shortcomings of the current devices.  You do not discuss your invention at all in this section. Leave the discussion of your invention to other sections.  You want to write this section in a way that makes the reader want to read the later sections that describe how you were able to overcome the problems in current devices.

04-03
06:43

How to Write the Summary of the Invention. EP018

In this episode I go over how to write the section of the patent application called, "The Summary of the Invention."  I go through two of the major approaches and some tips and tricks to get you started.

04-11
10:58

How to Write the Abstract of the Invention. EP019

In this episode I go through some tips and tricks for writing the section of the patent application called the "Abstract." I go through a real Abstract example to show how the Abstract fulfills the requirements set forth by the Patent Office. 

04-17
07:08

How to Write the Cross Reference to Related Applications. EP020

In this episode I go through how to write the section of the patent application called, "The Cross Reference to Related Applications."  Not every application has this section, and is this episode I go over the scenario where you might have filed a provisional patent application before filing your non-provisional application.  In a future episode I will cover how to do this section if you are filing other types of applications, such as continuations, continuations-in-part, and divisionals.   http://www.diamentpatentlaw.com

04-20
09:09

Tammay

thank you for sharing Adam, woke with an idea and need education on "how to"... listening today to see if paten is viable. Cheers, Tammy, Australia

08-15 Reply

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