Can Artificial Intelligence (AI) Be An Inventor? Guidance From The Patent Office. EP154 Patenting For Inventors podcast

8:22

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…

Patenting for Inventors

1
Trademark Refused, Patent Approved: Illegal Intellectual Property Explained. EP155 9:53

16 days ago9:53

9:53

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…

Patenting for Inventors

1
Can Artificial Intelligence (AI) be an Inventor? Guidance from the Patent Office. EP154 8:13

28 days ago8:13

8:13

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…

Patenting for Inventors

1
Lights, Camera, Patent! 10 Celebrities You Didn't Know Were Patent Holders. EP153 9:33

8 weeks ago9:33

9:33

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…

Patenting for Inventors

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Can a Fancy Leg Stand on Its Own as a Trademark? The Recent Case of In re Kason. EP152 7:37

10 weeks ago7:37

7:37

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-4158-ad73-386ede491e93…

Patenting for Inventors

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Patent Me Maybe: (Carly Rae) Jepson-Style Patent Claims. EP151 7:19

11 weeks ago7:19

7:19

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.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…

Patenting for Inventors

1
What is Obviousness? A "Reasonable Expectation of Success," or "Predictable Results"? EP150 7:12

14 weeks ago7:12

7:12

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!…

Patenting for Inventors

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Congratulations! The Patent Office Wants More of Your Money! EP149 6:25

26 weeks ago6:25

6:25

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: 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…

Patenting for Inventors

1
What is a Patent Post-Grant Supplemental Reexamination? EP148 8:01

33 weeks ago8:01

8:01

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: 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…

Patenting for Inventors

1
Tricky Time Zone Patent Deadlines. EP147 8:11

35 weeks ago8:11

8:11

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: adiament@nolanheimann.com Website: https://www.nolanheimann.com/legal-team/adam-diament Phone/Text: (424)281-0162 YouTube Channel LinkedIn Instagram…

Patenting for Inventors

1
Update on the Public Disclosure and On-Sale Bar Doctrine. Secret Methods! EP146 8:03

40 weeks ago8:03

8:03

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: adiament@nolanheimann.com Website: https://www.nolanheimann.com/legal-team/adam-diament Phone/Text: (424)281-0162 YouTube Channel LinkedIn…

Patenting for Inventors

1
What are Standard Essential Patents (SEPs) and FRAND? EP145 8:07

45 weeks ago8:07

8:07

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: adiament@nolanheimann.com Website: https://www.nolanheimann.com/legal-team/adam-diament Phone/Text: (424)281-0162 YouTube Channel LinkedIn…

Patenting for Inventors

1
Can You Patent Indigenous Knowledge and Genetic Resources? EP144 9:15

50 weeks ago9:15

9:15

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: adiament@nolanheimann.com Website: https://www.nolanheimann.com/legal-team/adam-diament Phone/Text: (424)281-0162 YouTube Channel LinkedIn…

Patenting for Inventors

1
The New Design Patent Application Obviousness Test. EP143 7:21

52 weeks ago7:21

7:21

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: adiament@nolanheimann.com Website: https://www.nolanheimann.com/legal-team/adam-diament Phone/Text: (424)281-0162 YouTube Channel LinkedIn…

Patenting for Inventors

1
What is the Printed Matter Doctrine and Why You Can't Patent Your Book. EP142 7:03

1 year ago7:03