Future Forward Insights
Each of us at Nolan Heimann has an affinity for new frontiers, from immersive entertainment and influencer brands to blockchain, DAO’s, and the metaverse(s), we are attorneys with deep knowledge that provide detailed expertise in executing novel aspects of our clients’ strategies. Protecting IP, while planning for its future growth and monetization, is at the heart of what we do.
These insights are offered as an expression of our commitment to helping all creators and business makers structure their ventures on solid, authentic foundations to enable growth and transformation. Keep up-to-date with our monthly newsletter. Subscribe at the bottom of our site.
Patenting for Inventors Ep. 175: Patent Exhaustion: The Hidden Patent Rule Triggered by Your First Customer
Once you sell your patented product, what rights do you actually keep? In Episode 175, Adam Diament breaks down patent exhaustion — the rule that kicks in the moment your first customer buys.
Patenting for Inventors Ep. 174: You Patented It… But Did Open Source Just Blow It Up? The Legal Risks of Using Open Source Code
Open source code feels communal and risk-free, but using it in a patented invention creates real legal complications. Adam Diament walks through GPL vs. permissive licenses, derivative work obligations, patent claim strategy, and why knowing your codebase matters before filing.
Patenting for Inventors Ep. 173: How to Trace a Patent's Relatives—and Why It Matters
Patent families aren't just paper trails—they're strategic tools. Adam Diament explains how to map patent relatives, spot competitive risks, and build a stronger IP portfolio.
Patenting for Inventors Ep. 172: Do You Lose Your Patents in Bankruptcy?
Patents are property—and in bankruptcy, that means they can be sold, rejected, or transferred without your input. Adam Diament explains how bankruptcy law treats patents, what Section 365(n) of the Bankruptcy Code means for licensees, and the steps inventors and small businesses can take to protect their IP.
Patenting for Inventors Ep. 171: Your Patent's First Judge: How the Patent Office Picks Your Examiner
Ever wondered who decides the fate of your patent application—and how they got the job? In Episode 171, Adam Diament pulls back the curtain on the USPTO's examiner assignment process and explains why knowing your examiner can change everything.
Patenting for Inventors Ep.168: How Universities Handle Inventorship and IP Rights for Student Inventions
Think your university owns every idea you come up with on campus? In Episode 168, patent attorney Adam Diament breaks down the real rules around student inventions — using the University of California system as a model — and explains exactly when students keep their rights and when ownership shifts.
Patenting for Inventors Ep.167: How to Use the Patent Office Patent Assignment Database Like a Pro
In Episode 167 of Patenting for Inventors, host Adam Diament explains who actually owns that patent. Adam walks you through the USPTO Assignment Database — one of the most powerful (and underused) tools in the patent world.
Patenting for Inventors Ep.166: Patent Thickets: When Owning Too Many Patents Is the Point
In Episode 166 of Patenting for Inventors, host Adam Diament explains how big tech companies use patent thickets—dense webs of overlapping patents—to create leverage, protect investments, and shape competitive landscapes. Learn why understanding these strategic forests matters for inventors and startups.
Patenting for Inventors Ep.164: Patent Pools: Cooperation That Looks Like Competition
In Episode 164 of Patenting for Inventors, host Adam Diament breaks down how patent pools simplify licensing in the tech industry—helping companies avoid legal gridlock, reduce costs, and get products to market faster. Learn why these behind-the-scenes tools are essential for modern innovation.
Patenting for Inventors Ep.158: The Pre-Patent Power Play: Can I License My Invention While It’s Still Patent Pending?
Wondering whether you can license your invention before the patent is granted? In this episode, patent attorney Adam Diament unpacks the practical strategies—and legal risks—of licensing while your patent is still pending. From early cash to future royalties, here’s what’s at stake.
Patenting for Inventors Ep.157: The Risk of Joint Ownership in Patents – & Why It’s a Trap
Joint patent ownership may sound cooperative—but it’s often a legal trap. In this episode, patent attorney Adam Diament explains why sharing ownership can backfire, using real-world cases and practical solutions to help you stay protected.
Patenting for Inventors Ep.154: Can AI be an Inventor? Guidance from the Patent Office
Can AI be named as an inventor on a patent? Not yet. In this episode, patent attorney Adam Diament breaks down the latest guidance from the USPTO on AI-assisted inventions. Learn what counts as a “significant human contribution,” how AI can (and can’t) support the patent process, and why proper inventorship still matters in the age of machine collaboration.
Patenting for Inventors Ep.151: Patent Me Maybe: (Carly Rae) Jepson-Style Patent Claims
In this episode, host Adam Diament delves into the world of patent claims, focusing on Jepson-style claims. He creatively illustrates the differences between traditional and Jepson-style claims using a hypothetical patent inspired by Carly Rae Jepsen's hit song "Call Me Maybe." The episode highlights the strategic considerations in writing patent claims, particularly the implications of admitting prior art in Jepson-style claims, which are more common in Europe than in the U.S.
Patenting for Inventors Ep.150: What is Obviousness? A “Reasonable Expectation of Success” or “Predictable Results”?
Obviousness is a crucial factor in patent law, particularly in biotech. In this episode, host Adam Diament explores Vanda Pharmaceuticals v. Teva Pharmaceuticals, a case that established the reasonable expectation of success standard for determining obviousness.
The ruling invalidated Vanda’s patent for Hetlioz, and when the Supreme Court declined to review the case, the Federal Circuit’s decision became law. What does this mean for future biotech patents? Tune in as Diament breaks down the impact of this ruling and why obviousness remains one of the most challenging issues in patent law.
Patenting for Inventors Ep.141: Why I Like Phone Calls from the 571 Area Code
In this episode of the "Patenting for Inventors Podcast" Adam discusses why he gets excited when he see’s a phone call coming from the 571 area code.
Patenting for Inventors Ep.140: What is Analogous Art for Patents?
Your patent application can be rejected because your so-called invention is "obvious." But how is obviousness determined?
Patenting for Inventors Ep.139: How Do I Know if My Design is Patently Obvious?
The law may be changing soon on how to determine whether your new design is patentable. In this podcast episode, learn the about the controversy behind the patentability standard for design patent obviousness.
META This! Ep.5: Does Your Employer Own Your Invention? Take the Quiz
Adam Diament, our patent attorney, gets into it with Ted Nguyen, who specializes in entertainment law; it’s all about patent prosecution, utility patents, who owns what, and for how long.