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. 172: Do You Lose Your Patents in Bankruptcy?

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.

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Patenting for Inventors Ep. 171: Your Patent's First Judge: How the Patent Office Picks Your Examiner

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.

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Patenting for Inventors Ep. 170: How to Stop Competitors From Patenting Your Idea Without Filing a Patent — Defensive Publications

Patenting for Inventors Ep. 170: How to Stop Competitors From Patenting Your Idea Without Filing a Patent — Defensive Publications

Sometimes the goal isn't to protect an invention — it's to keep anyone else from owning it. Adam Diament breaks down defensive publications: when to use them, how to do it right, and when they can quietly become your most resourceful IP move.

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Patenting for Inventors Ep.169: Using a Petition to Withdraw from Issue to Fix Last-Minute Errors

Patenting for Inventors Ep.169: Using a Petition to Withdraw from Issue to Fix Last-Minute Errors

You've paid the issue fee, the patent is days away from issuing, and you spot an error. Now what? Adam Diament walks through the petition to withdraw from issue — your emergency brake before a patent becomes final.

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Patenting for Inventors Ep.168: How Universities Handle Inventorship and IP Rights for Student Inventions

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.

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Patenting for Inventors Ep.167: How to Use the Patent Office Patent Assignment Database Like a Pro

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.

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Patenting for Inventors Ep.166: Patent Thickets: When Owning Too Many Patents Is the Point

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.

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Patenting for Inventors Ep.165: Help! My Co-Inventor Refuses to Sign the Patent Application!

Patenting for Inventors Ep.165: Help! My Co-Inventor Refuses to Sign the Patent Application!

A co-inventor refusing to sign your patent application is a problem — but it's not a dead end. Patent attorney Adam Diament breaks down your legal options and how to move forward.

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Patenting for Inventors Ep.164: Patent Pools: Cooperation That Looks Like Competition

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.

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Patenting for Inventors Ep.162: Zootopia 2: The Shocking Fraudulent Patent That Drives the Entire Plot!

Patenting for Inventors Ep.162: Zootopia 2: The Shocking Fraudulent Patent That Drives the Entire Plot!

Zootopia 2 unexpectedly hinges on a patent dispute. In this episode, Adam Diament explains what the movie gets hilariously wrong about inventorship, “forged patents,” and why real patents don’t support century-long empires.

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Patenting for Inventors Ep.161: The Robots Are Coming… to Help You Patent! The Patent Office’s New Pilot Program for AI Patent Searches

Patenting for Inventors Ep.161: The Robots Are Coming… to Help You Patent! The Patent Office’s New Pilot Program for AI Patent Searches

The U.S. Patent and Trademark Office has invited AI to the patent table. In this episode of Patenting for Inventors, partner Adam Diament explains the new Automated Search Pilot Program — where artificial intelligence helps examiners identify prior art before human review.

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Patenting for Inventors Ep.159: Lululemon Sues Costco - A Fashion Lawsuit You Can’t Just Downward Dog Out Of

Patenting for Inventors Ep.159: Lululemon Sues Costco - A Fashion Lawsuit You Can’t Just Downward Dog Out Of

Lululemon is suing Costco, claiming knockoffs of its iconic activewear infringe patents, trademarks, and trade dress. In this Patenting for Inventors episode, Adam Diament explores the legal showdown between boutique brand and big-box giant.

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Patenting for Inventors Ep.158: The Pre-Patent Power Play: Can I License My Invention While It’s Still Patent Pending?

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.

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Patenting for Inventors Ep.154: Can AI be an Inventor? Guidance from the Patent Office

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.

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Patenting for Inventors Ep.153: Lights, Camera, Patent! 10 Celebrities You Didn’t Know Were Patent Holders

Patenting for Inventors Ep.153: Lights, Camera, Patent! 10 Celebrities You Didn’t Know Were Patent Holders

Celebrities aren’t just stars on stage and screen—they’re inventors too! From Michael Jackson’s anti-gravity shoes to Hedy Lamarr’s revolutionary technology, discover how famous figures have made their mark in the world of innovation.

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Patenting for Inventors Ep.152: Can a Fancy Leg Stand on Its Own as a Trademark? The Recent Case of In re Kason

Patenting for Inventors Ep.152: Can a Fancy Leg Stand on Its Own as a Trademark? The Recent Case of In re Kason

Can a metal leg stand on its own as a trademark? In In re Kason, the TTAB rejected Kason Industries' attempt to trademark its telescoping restaurant equipment leg, ruling it was too functional for trademark protection. In this episode, Partner Adam Diament explores the key differences between design patents and trademarks, the legal hurdles of trade dress protection, and why functionality plays a critical role in intellectual property law.

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Patenting for Inventors Ep.151: Patent Me Maybe: (Carly Rae) Jepson-Style Patent Claims

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.

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