Patenting for Inventors

In this episode I explain why a patent examiner and a judge may interpret the exact same patent claim differently. I break down the Patent Office's Broadest Reasonable Interpretation standard, how courts analyze claims after a patent issues, and why the wording of your claims, specification, and prosecution history can dramatically affect what your patent ultimately covers. I also explain what inventors can do during prosecution when an examiner reads a claim more broadly than expected, and why careful drafting from the beginning can make a major difference later.

You've built something smart. Really smart. But the second you say the word "algorithm," alarm bells start going off at the Patent Office. In this episode, we talk about how software inventions actually get patented in the real world, why inventors get tripped up by labels instead of substance, and how describing what your system does can matter more than what you call it. If you've ever been told "you can't patent an algorithm" and wondered if that's really true, this episode walks through how patent practitioners frame these inventions so they survive scrutiny and still protect what makes them valuable.
 
 
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

Why does one patent show up online for the whole world to see while another seems to stay completely invisible for years? In this episode, we unpack the surprisingly strategic reasons behind patent publication and secrecy, including the default 18-month rule, the little-known nonpublication option, and how a single checkbox at filing can change your entire IP strategy. If you've ever wondered whether publishing helps or hurts your invention, or how secrecy can quietly lock you into a U.S.-only path, this is one of those topics that can save you from an expensive "I wish I'd known that sooner" moment.
 
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 finally make your first sale. Champagne moment. But what if that very first customer quietly flips a legal switch that limits what patent rights you can enforce going forward? In this episode, we dig into patent exhaustion, the surprisingly powerful doctrine that kicks in once you sell a patented product and can dramatically reshape your control over what happens next. If you've ever assumed your patent gives you endless leverage after a sale, this conversation might change how you think about pricing, licensing, and your go-to-market strategy.
 
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 spent the time, filed the application, and finally got the patent. Everything feels locked in… until someone casually mentions that part of your product uses open-source code. Uh oh. In this episode, we unpack how open-source licenses can quietly collide with patent rights, when using open-source tools is totally fine, and when it can seriously undermine your ability to enforce a patent. If you've ever built fast using shared code and assumed patents would clean things up later, this is a must-listen before that assumption comes back to bite you.
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