Patenting for Inventors

In this episode I answer an unusual but very real intellectual-property question: Can you patent a smell? I explain why a scent itself generally cannot be patented, but the chemical composition that creates it, the process used to manufacture it, or a device that releases it may be patentable. I also discuss when keeping a fragrance formula as a trade secret may make more sense than disclosing it in a patent, and how, in rare cases, a distinctive scent can even function as a trademark. The episode explores how patents, trade secrets, and trademarks can work together to protect different aspects of a scent-based product, and why inventors should think carefully before disclosing their formulas or inventions to the public.

Lost in Translation: How Bad Patent Translations Can Kill Your Global Rights. Patent translation isn't simply about converting words from one language to another, it's about preserving the legal and technical meaning of your patent. I explain how seemingly small translation mistakes can accidentally narrow claims, turn optional features into required ones, create inconsistencies in technical terminology, or cause problems when making amendments later. I also discuss translation deadlines, PCT national-phase filings, and why inventors seeking international protection should use translators who understand both the technology and patent language.

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:

[email protected]

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:

[email protected]

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:

[email protected]

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:

[email protected]

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

Every patent has a family, and sometimes the most important rights aren't in the patent you're looking at, but in its siblings, parents, or long-lost cousins. In this episode, we talk about how to trace a patent's relatives through continuation, divisional, and priority filings, and why that family tree can reveal hidden risks, future enforcement threats, or strategic opportunities. If you've ever wondered how one invention turns into an entire web of patents, this episode shows you where to look and why it matters.

Connect with Adam Diament

E-mail:

[email protected]

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

Bankruptcy feels like the end of the road, but what happens to your patents when the money runs out is anything but simple. In this episode, we dig into whether patent rights survive bankruptcy, when they can be sold off to pay creditors, and why inventors are often shocked to learn they no longer control the IP they created. If you own patents, license them, or build a business around them, this is a conversation you really don't want to miss.

Connect with Adam Diament

E-mail:

[email protected]

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

Before your patent ever faces a court, a jury, or a competitor, it meets its very first judge: the patent examiner. And you don't get to pick them. In this episode, we pull back the curtain on how the Patent Office assigns examiners, why that assignment can shape the entire life of your patent, and what savvy inventors and startups should understand about this hidden but hugely influential part of the process.

Connect with Adam Diament

E-mail:

[email protected]

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