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.
The Licensing Exchange Ep. 14: From Publicist to Patent Holder: GennComm CEO Genna Rosenberg on Purpose, Play, and Product Innovation
Genna Rosenberg has spent 30 years in toys and licensing, moving from PR to patented product innovation. She joins David Schnider and Greg Pan to talk about bringing toys to market, the power of a license, and why purpose and profit can work together.
The Road Not Taken: Why the Leading AI Authorship Cases Cannot Answer the Question Many Creators Are Actually Asking
Twice, the U.S. Copyright Office offered an AI artist a narrower registration, and twice it was turned down. Legal Counsel Sonya Roberts explains why the leading AI authorship cases can’t answer the question most creators are actually asking.
Patenting for Inventors Ep. 183: 10 Patent Mistakes That Could Kill Your Startup
A patent doesn’t guarantee you can sell your product. Adam Diament walks through ten patent mistakes that can derail a startup before it gets off the ground.
Patenting for Inventors Ep. 182: Patent Evergreening: Legal Genius or System Abuse?
Can a company keep a product protected by patenting its improvements? Adam Diament unpacks “evergreening,” separating genuine innovation from strategic paperwork.
The Licensing Exchange Ep. 13: From News Reader to Licensing Leader: Born Licensing CEO David Born on Nostalgia, Niche IP, and Licensed Advertising
Born Licensing CEO David Born joins David Schnider and Greg Pan to discuss licensed advertising, the enduring pull of nostalgia, niche fandoms, and how industry consolidation could reshape licensing.
Patenting for Inventors Ep. 181: The Hidden Risk of Keeping a Patent Application Alive Too Long – Prosecution Laches
Can a patent be unenforceable even if it's valid? Adam Diament breaks down prosecution laches, the doctrine that targets extraordinary, unexplained delay in getting a patent issued, and what it means for continuation strategy today.
Patenting for Inventors Ep. 180: Can You Patent a Smell?
Can you patent a smell? Usually not by itself, but a scent can touch patents, trade secrets, and trademarks. Adam Diament explains how inventors can protect the value behind a fragrance.
Patenting for Inventors Ep. 179: Lost in Translation: How Bad Patent Translations Can Kill Your Global Rights
You already have a patent application in English. How hard can it be to translate it? Harder than you think. One wrong word choice can accidentally narrow your claims, change optional features to mandatory ones, and create problems years later during prosecution or enforcement.
The Licensing Exchange Ep. 12: From Bartender to Global Licensing Executive: Ted Larkins, SVP of Licensing at Octane 5, on Data, Relationships and the "Get To" Mindset
When a bartender in Osaka gets a ripped piece of paper with a phone number, he has no idea he's about to launch a 35-year licensing career. Ted Larkins tells the story of how that call turned into decades representing James Dean, Pepsi-Cola, and Hollywood studios across Asia.
Patenting for Inventors Ep. 178: Why Patent Examiners and Judges Don't Read Your Patent the Same Way
Patent claims are interpreted differently during examination and in court. Understanding the Broadest Reasonable Interpretation and the Phillips standard can make patent prosecution less mysterious.
Patenting for Inventors Ep. 177: How to Patent an Algorithm Without Saying “Algorithm”
Your invention uses algorithms—but patent law has strong opinions about abstract ideas. Here's how to describe what you've built in a way the examiner will accept.
The Licensing Exchange Ep. 11: From Music to Brands: Licensing Compliance Expert Marty Malysz on Scaling Global Licensing
How do global brands manage hundreds of licensing relationships simultaneously? Marty Malysz, president and founder of Dependable Solutions, walks through the software systems that keep licensing compliant, scaled, and profitable—from forecasting royalties to approving products across international markets. A 30-year industry veteran, Marty shares how specialization in brand licensing (versus music) saved his career, why size matters in licensing automation, and what's next for AI in compliance.
Patenting for Inventors Ep. 176: Why Some Patents Are Published and Others Are Kept Secret
When your patent application suddenly appears online, is it public? Why do some patents stay hidden? Adam Diament explains the rules—and exceptions—that decide whether your invention becomes public knowledge or stays secret
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.
The Licensing Exchange Ep. 10: Leading the Future of Licensing: Maura Regan on Global Growth, AI & Brand Strategy
Licensing International President Maura Regan joins The Licensing Exchange to discuss global licensing, artificial intelligence, intellectual property, brand strategy, industry education, and the trends shaping the future of licensing.
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.
The Licensing Exchange Ep. 9: From Consumer Products to Immersive Worlds: Chief Growth Officer Veronica Hart on Location-Based Entertainment
From designing Ferrari World Abu Dhabi to producing the Paris Olympics, Veronica Hart shares how location-based entertainment is transforming the licensing industry.
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.