Patenting for Inventors

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 yo...

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...

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...

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...

What if you don't actually want a patent, but you also don't want a competitor locking up your idea and using it against you later? In this episode, we dive into defensive publications, a powerful but often overlooked strategy for putting your idea into the public domain on your terms. We talk about how defensive publications work, when they make sense, and how they can quietly block competitors f...

If you're a student with a big idea, here's a question that can catch you completely off guard: do you actually own your invention, or does your university? In this episode, we unpack how universities handle inventorship and IP rights for student inventions, why the answer depends heavily on where you go to school, and how a class project or lab access can quietly change ownership. Whether you're...

Ever wonder who really owns a patent, or how to tell if a company quietly sold off its core technology? In this episode, we dive into the USPTO's patent assignment database, one of the most overlooked but powerful tools inventors can use. You'll learn how to track ownership changes, spot acquisitions before they hit the headlines, and uncover licensing and investment clues hiding in plain sight. I...

What if the goal isn't just to have a patent, but to surround an entire technology with so many patents that no one else can move without bumping into one? That's the idea behind patent thickets. In this episode, we unpack how large companies deliberately build dense webs of overlapping patents, why this strategy can be incredibly powerful, and how it affects startups, competitors, and innovation...

You built something together, the invention is real, the patent application is ready… and then everything grinds to a halt because your co-inventor suddenly won't sign. What happens now? Is the patent dead? Can they hold the invention hostage? In this episode, we talk through what the law actually requires when an inventor refuses to cooperate, what options still exist, and why this situation is f...

Ever wonder how companies that compete fiercely in the marketplace somehow manage to share patents without constantly suing each other? That's where patent pools come in. They're one of the most misunderstood, quietly powerful tools in tech, standards, and licensing, and they shape everything from streaming video to smartphones to Wi-Fi without most people ever noticing. Patent pools can lower lit...

Everyone has an app idea, but very few people actually understand whether that idea can be patented or why so many app patents fail before they ever get off the ground. Is it the code? The features? The idea itself? Or something else entirely? In this episode, we break down what really makes an app patentable, why simply "having an app" is not enough, and the biggest mistakes founders make before...

In this episode, I dive into Zootopia 2 and the absolutely unhinged fact that the entire plot revolves around a forged patent. Yes, a Disney movie about talking animals turns into a full-blown IP scandal involving a snake inventor, a corrupt businessman who steals her journal, rips out her real patent, forges his own, murders the witness (in a children's film!), frames the inventor, and builds a d...

What happens when the USPTO lets artificial intelligence join the patent process? In this episode, I breaks down the brand-new Automated Search Pilot Program, a six-month experiment where AI runs a pre-exam prior art search before a human examiner even touches your application. I explains what it is, how to join, who it helps (and who it doesn't), and why it might just change the way patents get e...

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 me in the latest episode of "The Patenting for Inventors Podcast," as we explore the hidden logic of patents, copyrights, trademarks, and trade secrets, and why the law treats your poem, your logo, your invention, and your secret recipe so differentl...

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 of bulk, breaking down Lululemon's patent, trademark, trade dress, and unfair practices claims against Costco for selling lookalike fashion. What's actually protectable in fashion and why is winning a fashion lawsuit so hard? Grab your kombucha—this...

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, rewards, and real-world strategies behind licensing a patent-pending invention. Whether you're an inventor looking to monetize early, or a company weighing the value of exclusive rights before the ink is dry, this episode will help you navigate the p...

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. From licensing surprises to enforcement roadblocks, you'll learn how even the best-intentioned partnerships can turn into legal landmines. Find out how to protect your rights, avoid unwanted co-owners, and structure smarter IP agreements from the...

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 pra...

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...

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 aff...

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!   C...

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 wh...

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 hi...

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 t...