Patents and IP with Adam Diament
Patents and IP with Adam Diament
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What are Standard Essential Patents (SEPs) and FRAND? EP145
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: www.nolanheimann.com/legal-team/adam-diament
Phone/Text: (424)281-0162
UA-cam Channel
LinkedIn
Переглядів: 26

Відео

Can You Patent Indigenous Knowledge and Genetic Resources? EP144
Переглядів 19Місяць тому
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 fi...
The New Design Patent Application Obviousness Test. EP143
Переглядів 47Місяць тому
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 rejecte...
What is the Printed Matter Doctrine and Why You Can't Patent Your Book. EP142
Переглядів 1222 місяці тому
In this episode I go over a doctrine in patent law called the "Printed Matter Doctrine." You generally can't get a patent on something if the only difference is that you provided some written instructions on your product, even if those written instructions are new and non-obvious. Learn what kinds of printed matter is and isn't patent eligible in this episode. Connect with Adam Diament E-mail: ...
Who Owns Your Strawberries? A Plant Patent Conversation with Dr. Dale Hunt. Bonus Episode 7
Переглядів 433 місяці тому
Who owns your strawberries? Learn all about plant patents and other ways that plants are protected with intellectual property. In this episode of the "Patenting for Inventors Podcast," I have a conversation with Dr. Dale Hunt, a registered patent attorney and plant patent specialist. We discuss topics like what kinds of plants can protected, how to apply for a plant patent, plant patent infring...
Why I Like Phone Calls From The 571 Area Code - Patent Examiner Amendments. EP141
Переглядів 413 місяці тому
In this episode of the "Patenting for Inventors Podcast" I discuss why I get excited when I see a phone call coming from the 571 area code. Usually it means a patent examiner is calling me to make an "Examiner's Amendment." Why is that good and what are examiner amendments about? Listen to the latest episode and learn! Links: E-mail: adiament@nolanheimann.com Website: www.nolanheimann.com/legal...
What is Analogous Art for Patents? EP140
Переглядів 223 місяці тому
Your patent application can be rejected because your so-called invention is "obvious." But how is obviousness determined? What's the difference between "prior art" that can be cited to reject your invention for lack of novelty, and "analagous art" which is the requirement to reject your invention based on obviousness? Listen to this episode and find out! Links: E-mail: adiament@nolanheimann.com...
How Do I Know if My Design Is Patently Obvious? Episode 139
Переглядів 283 місяці тому
The law may be changing soon on how to determine whether your new design is patentable. Learn what the controversy is behind the patentability standard for design patent obviousness. Does the case of KSR v. Teleflex apply to design patents like it does for utility patents? Or will the Rosen/Durling Test still reign supreme! E-mail: adiament@nolanheimann.com Website: www.nolanheimann.com/legal-t...
How to Search the New Trademark Search Website. EP138
Переглядів 624 місяці тому
The United States Patent and Trademark Office (USPTO) recently got rid of their old trademark searching website called TESS. In this episode learn how to use the new and improved government trademark search website to see if the name of your product, business, or service has already been taken! E-mail: adiament@nolanheimann.com Website: www.nolanheimann.com/legal-team/adam-diament Phone/Text: (...
New Podcast - The Look. EP137
Переглядів 33Рік тому
New Podcast - The Look. EP137
New Beginnings. EP136
Переглядів 28Рік тому
I will be joining the law firm of Nolan Heimann LLP as a partner on January 1, 2023. Listen to this episode to learn about all the expanded services I can now offer to entrepreneurs and businesses by joining Nolan Heimann's expert team of attorneys.
What is the Patent Office New Patent Center? EP135.
Переглядів 74Рік тому
What is the Patent Office New Patent Center? EP135.
What is Patent Insurance and Do I Need It?
Переглядів 65Рік тому
In this episode I go over the types of patent insurance, both defensive and offensive. What does patent insurance cover? Are there premiums, deductibles, or co-pays? Is it worth getting? Learn all of this and more in this episode! Connect with Diament Patent Law E-mail: adam@diamentpatentlaw.com Website: DiamentPatentLaw.com Phone/Text: (424)281-0162 UA-cam Channel: Diament Patent Law UA-cam Li...
What is the Patent Office Deferred Subject Matter Eligibility Response Pilot Program? EP 133
Переглядів 852 роки тому
The Patent Office will let you defer responding to a rejection based on "Subject Matter Eligiblity" to a later time. Learn what Subject Matter Eligibility is, why you might want to defer it, and what the pilot program is all about.
What is the Patent Office Deferred Subject Matter Eligibility Response Pilot Program? EP 133
Переглядів 112 роки тому
The Patent Office will let you defer responding to a rejection based on "Subject Matter Eligiblity" to a later time. Learn what Subject Matter Eligibility is, why you might want to defer it, and what the pilot program is all about.
What's Better? Trade Dress or Design Patent Protection? EP132
Переглядів 642 роки тому
What's Better? Trade Dress or Design Patent Protection? EP132
Can I Patent a Card Game? EP131
Переглядів 8212 роки тому
Can I Patent a Card Game? EP131
Can I Patent a Board Game? EP130
Переглядів 3602 роки тому
Can I Patent a Board Game? EP130
How to Review the History of a Patent Application - Using Public PAIR. EP129
Переглядів 1312 роки тому
How to Review the History of a Patent Application - Using Public PAIR. EP129
What is the Medical Procedure Exemption for Patent Liability? EP128
Переглядів 862 роки тому
What is the Medical Procedure Exemption for Patent Liability? EP128
Interview of Alfonso Martinez from "AM Patent Drawings & Graphics." Bonus Ep. 7
Переглядів 1213 роки тому
Interview of Alfonso Martinez from "AM Patent Drawings & Graphics." Bonus Ep. 7
The Top Five Reasons You SHOULDN'T File Foreign Patent Applications. EP127
Переглядів 1353 роки тому
The Top Five Reasons You SHOULDN'T File Foreign Patent Applications. EP127
What is the Fast-Track Appeals Pilot Program at the Patent Office?
Переглядів 673 роки тому
What is the Fast-Track Appeals Pilot Program at the Patent Office?
Trademarking the Geographical Center of North America. EP125
Переглядів 313 роки тому
Trademarking the Geographical Center of North America. EP125
Dead Inventors, Incapacitated Inventors, and Minors - Who Can File a Patent Application? EP124
Переглядів 793 роки тому
Dead Inventors, Incapacitated Inventors, and Minors - Who Can File a Patent Application? EP124
What Shark Tank Gets Right and Wrong About Patents. EP123
Переглядів 1153 роки тому
What Shark Tank Gets Right and Wrong About Patents. EP123
How to Defer Payment of Covid-19 Related Provisional Applications. EP122
Переглядів 183 роки тому
How to Defer Payment of Covid-19 Related Provisional Applications. EP122
What is the Covid-19 Prioritized Examination Program? EP121
Переглядів 373 роки тому
What is the Covid-19 Prioritized Examination Program? EP121
Quick Path Information Disclosure Statements (QPIDS). EP120
Переглядів 2013 роки тому
Quick Path Information Disclosure Statements (QPIDS). EP120
Women's History Month - Hedy Lamarr. EP119
Переглядів 283 роки тому
Women's History Month - Hedy Lamarr. EP119

КОМЕНТАРІ

  • @raredreamfootage
    @raredreamfootage 20 годин тому

    When a continuation application is approved, then is a second patent granted or is the existing patent modified to account for the granted continuation?

    • @diamentpatentlaw1231
      @diamentpatentlaw1231 13 годин тому

      It’s a new patent. See my episode on reissue applications that replace the original.

  • @Steve-kg8zk
    @Steve-kg8zk 2 місяці тому

    Can you take a patented plant and use it in breeding for your own patented plant?

    • @adamdiament
      @adamdiament 2 місяці тому

      If you mean take someone else's plant that is patented, then breed it with something else to create your own patented plant, my guess is yes (as you may have heard, I'm not a plant patent expert, which is why I interviewed Dale Hunt), since plant patents only cover ASEXUAL reproduction and if you're sexually reproducing something from a patented plant, that's not patent infringement. HOWEVER you do have to be concerned about the Plant Variety Protections Act (PVPA) where PVPA plant owners have the exclusive right to sexually multiply or propogate the plant and they have the exclusive right to use the protected variety to produce any hybrid plant. This is not legal advice and I would encourage you to contact a plant protection specialist like Dale Hunt if that's something you're interested in doing.

  • @kendalldoer5466
    @kendalldoer5466 2 місяці тому

    Excellent video! Thank you

  • @thejoeblowshow
    @thejoeblowshow 2 місяці тому

    Hello Adam. Do you offer a flat fee for just your professional opinion on whether or not an online game that I invented would even be potentially patentable? Best regards, Joe.

    • @diamentpatentlaw1231
      @diamentpatentlaw1231 2 місяці тому

      Hi, I do most of my work on a flat fee basis. Connect with my at my new firm at adiament@nolanheimann.com.

  • @elanishere2
    @elanishere2 5 місяців тому

    I have searched everywhere for this valuable insight and these use cases for explaining how to write claim preambles using the claim category, the transition words “comprising,” “having,” including,” “consisting mostly of,” instead of “consisting” and limitations 🎉❤😊

  • @008loloy
    @008loloy 5 місяців тому

    thanks!

  • @firstime
    @firstime 7 місяців тому

    Hi my understanding of drawings is only for skilled person to reproduce the invention, and description is detail explanation of how to make this embodiment, so there is no need including all variations of the invention, also the description is not for limiting the scope of the claims, such as a use: standard circle in explaining the drawing, does this constitute a limitation to the scope that other shape is not acceptable? thanks if you will come back and see my question, happy holiday season.

  • @firstime
    @firstime 7 місяців тому

    thank you so much for very professional, informative and helpful video.

  • @skurai
    @skurai Рік тому

    Thank you so much sir

  • @user-qu7yr1ue2w
    @user-qu7yr1ue2w Рік тому

    Is it possible to patent an algorithm to solve nonlinear algebraic equations?

  • @Steppinonshii
    @Steppinonshii Рік тому

    Thankyou so much for this. I’m sure I will be in touch eventually

  • @firstime
    @firstime Рік тому

    Hello, could I know the amazon product page is acceptable as NON-PATENT LITERATURE DOCUMENTS in IDS sheet, I am not sure since my invention is not so advanced and have to write an article.

  • @Leoviliti1
    @Leoviliti1 Рік тому

    Ive created an unusual game of patience today.. Originally ..lost around four rounds but beat it once to prove that anyone would still be able to get out.. Then decided to play it all afternoon .. its truly addicting .. 😂 Out of thirty games I won eight times. Annoyingly I'm a sore loser 😂 ..but it really is enjoyable 🌺

  • @johnaweiss
    @johnaweiss Рік тому

    Instead taking action against an invalid patent, can you wait until the patent holder accuses you of infringement, and then invalidate their patent in your defense? That might be a cheaper way to go.

    • @adamdiament
      @adamdiament Рік тому

      If the patent is “invalid” as in its already been invalidated then there’s not going to be any case against you. If you’re thinking that it will be cheaper to wait until you’ve been sued in a district court and invalidate a patent at the district court, no, going through courts will be more expensive that going through the USPTO in most cases. The ex party reexamination will be the cheapest way, though there are pros and cons to each strategy. Consult an attorney to know the best way for you.

    • @johnaweiss
      @johnaweiss Рік тому

      Is the DC court high cost due to legal fees? Or court or USPTO fees?

    • @johnaweiss
      @johnaweiss Рік тому

      Because, as a nonprofit, we may have Pro Bono legal representation. So we'd only have to pay court costs and USPTO fees.

  • @sidguernsey1393
    @sidguernsey1393 Рік тому

    In your opinion, and using poker as an example. If Omaha poker didn't exist and I wanted to patent it would that be possible, as a variant of Texas Holdem which is, in turn, a variant of poker etc?

    • @adamdiament
      @adamdiament Рік тому

      Unlikely, given no new game pieces and today’s patent laws on subject matter eligibility.

  • @tommyraymus288
    @tommyraymus288 Рік тому

    Excellent video thank you for posting this!

  • @Zamicol
    @Zamicol Рік тому

    Thank you for posting this! We are working with our lawyer and she asked if I wanted to do this. Your advice cleared up a lot of questions, and decided to not do a Continuation-in-Part. Thank you!

  • @HooplaHoorah
    @HooplaHoorah Рік тому

    Very informative! Thank you. If you secure a patent and you then revise the game design or rules, will that patent cover those revisions? Or could you file an addendum to the patent?

  • @davidjadwin9331
    @davidjadwin9331 Рік тому

    Great succinct presentation!

  • @CYTOMETRYman
    @CYTOMETRYman Рік тому

    I used public pair a lot - and found it easy and intuitive. I just tried to do a search on the new patent center. I found the document I search for - but struggled for an hour trying to work out how to find all the documents associated with an application and literally gave up!! What is the secret?

    • @adamdiament7636
      @adamdiament7636 Рік тому

      I don't like it either! I'll have to spend some time going through their instructions. But I agree with you, not intuitive!

  • @zurostfeld4525
    @zurostfeld4525 Рік тому

    Thx very helpful

  • @leroiprice1586
    @leroiprice1586 Рік тому

    Thanks

  • @MyGameDevPal
    @MyGameDevPal Рік тому

    Hey Adam, Thanks for this informative summary. I was wondering, how would you recommend one would start their search into finding out whether or not a specific card game that's already out there, has patented their game? Again, thanks for the valuable info!

    • @adamdiament
      @adamdiament Рік тому

      I have podcast episodes on patent searches or you may retain me for my services to perform a patent search and opinion.

  • @shawnr8215
    @shawnr8215 Рік тому

    I wish I could give more than one thumbs up

  • @michele7929
    @michele7929 2 роки тому

    Great video!

  • @michele7929
    @michele7929 2 роки тому

    If you get a patent granted can you be liable for infringement?

    • @adamdiament7636
      @adamdiament7636 2 роки тому

      Definitely! It's one of the biggest misconceptions in patent law, which is that if you get a patent, that you are allowed to make and use your invention. Not true! Getting a patent means that your modifications or differences were non-obvious over what already existed. But in making your patent product you may still be using underlying patented technology in your own product and if you are doing that with permission (e.g. licensing agreement), you can still be liable for patent infringement.

  • @chopinfu3428
    @chopinfu3428 2 роки тому

    this video is really good except the hand with a pencil always annoying viewers. Its really strange that there are only 1,790 views in the 3 years of this video, no one cares patent now ? all young People are using youtube to watching entertainment?

    • @adamdiament
      @adamdiament 2 роки тому

      Glad you liked it. Patent filings keep going up so people do still care about patents. If you liked the video, all shares are appreciated and then the view count goes up!

  • @20OrangeDude11
    @20OrangeDude11 2 роки тому

    Nice concise video that covers primary 103 arguments! I've been practicing patent law for 23 years and feel like this video does a great job explaining the primary arguments used in a nice, concise, and entertaining way. Will definitely share with trainees.

  • @stevenbaca3029
    @stevenbaca3029 2 роки тому

    Adam you are amazing! I have learned so much from your videos compared to other patent information videos. You answer nearly every question I have in detail and explaining why by providing examples. I am attempting to write my patent on my own because I can not afford legal help at the moment but when I can I want to work with you. Thank you for taking the time to create these podcast and videos, you truly are a blessing.

    • @adamdiament
      @adamdiament 2 роки тому

      Glad it’s been helpful! A Google business review for Diament Patent Law is always appreciated even if you’re not a client but I’ve been useful to you in some way so others can find me as well!

  • @jimiLevoice
    @jimiLevoice 2 роки тому

    Very informative. I'm considering writing my own cease and desist with an offer of a royalty agreement. I have what doctors say is a serious stage 5 medical problem. The comp. I'm writing has a huge Amazon account and I feel that it's in their best interest to settle this thing. I have a renewal fee due next month and found out about them selling my product recently and checked on their website and my product was the only one SOLD OUT! I'll be in touch.

  • @doblescrito
    @doblescrito 3 роки тому

    Very useful information, thank you for sharing.

  • @leroiprice1586
    @leroiprice1586 3 роки тому

    Thanks for the explanation. This is a vague subject.

  • @desiaclementslewis8318
    @desiaclementslewis8318 3 роки тому

    thank you Adam

  • @RichardMumford1
    @RichardMumford1 3 роки тому

    Thanks Adam, All about words, I'll bet the true geographical center of NA will never be known and is probably not even in a town.

  • @jaleesastengel1747
    @jaleesastengel1747 3 роки тому

    So now reviving an abandoned patent doesn't have an expiration- like ever? When I was looking on the USPTO website it said 6 months to revive.

    • @adamdiament
      @adamdiament 3 роки тому

      There is no official cut off time to revive but the longer you wait the harder it is to argue that abandonment was unintentional. The paperwork is easier if less than two years but still possible after that, you just have to provide more details on the timeline of events and they might not allow the revival based on your explanation. Not sure what six month thing you’re talking about is. You may contact me if you want.

  • @AnnaMishel
    @AnnaMishel 3 роки тому

    you can lose your patent by x party re-exam, without ever knowing it was being re-examend?

  • @ricardoc.9923
    @ricardoc.9923 3 роки тому

    Thanks nice one!

  • @RichardMumford1
    @RichardMumford1 3 роки тому

    Words words words...like location for restaurants.

  • @RichardMumford1
    @RichardMumford1 3 роки тому

    As always, good stuff. Would you agree because of the expense involved discovery probably favors larger companies with the ability to pay? Also, do the rules for discovery apply equally to both the plaintiff and defendant? Both from a legal perspective and a practical one?

  • @RichardMumford1
    @RichardMumford1 3 роки тому

    Looks like I need professional help, I was rejected. Writing to you soon. :-)

  • @RichardMumford1
    @RichardMumford1 3 роки тому

    Thanks, so many pitfalls/opertunities.

  • @RichardMumford1
    @RichardMumford1 3 роки тому

    Always a "maybe" in such a grey area of the law. Like always, thanks for some clarity.

  • @dagobello
    @dagobello 3 роки тому

    This video is amazingly good at explainging nonobviusness. I'm a 3L taking IP and some textbooks sometime don't do a great job at laying out the law like a short video.

  • @RichardMumford1
    @RichardMumford1 4 роки тому

    Interesting. So many shady areas In intellectual property.

  • @rainflake7157
    @rainflake7157 4 роки тому

    Thanks for this whole series! It's given me a lot of insight as a starting inventor. I'll keep checking back in the playlist when I need to recheck things. It's a good crash course.

  • @rainflake7157
    @rainflake7157 4 роки тому

    I'd like to sell off or assign my patent for a generous sum of money rather than licensing rights for usage and hence dealing with accounting, market research, renegotiations, etc. Is that sensible in any situation?

  • @RichardMumford1
    @RichardMumford1 4 роки тому

    Like always, awesome content. I would love to hear your take on spacific past cases and rulings. In the end IP law is so very gray it would be useful to see how it played out in the end.

    • @adamdiament3260
      @adamdiament3260 4 роки тому

      Thanks Richard, I might take that on after I finish the litigation basics on the podcast. As I have essentially covered all the basics of prosecution and I am covering the basics of litigation now (may 10 or so episodes?), then I'll have to come up with new podcast topics and covering cases might be where I go, though I know that there are lots of podcasts already that cover IP in the news.

  • @RichardMumford1
    @RichardMumford1 4 роки тому

    Thank you again for great content.

  • @RichardMumford1
    @RichardMumford1 4 роки тому

    Great information, thank you very much. I have spent a couple hundred thousand dollars in the last four to five years on patents related issues and I wish I would have had your podcast from the beginning.

  • @Irvindzimlaz
    @Irvindzimlaz 4 роки тому

    great video, well explained