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Patenting for InventorsAuthor: Adam L. Diament, J.D., Ph.D.: Registered Patent Attorney
Have an invention and want to know how to get a patent? Patenting for Inventors is a podcast about patents, patent applications, and the patent process, hosted by registered patent attorney Adam L. Diament, J.D., Ph.D. Adam takes you through the process of protecting an invention, from the moment you have an idea through patent searching, preparing and filing a patent application, responding to the USPTO, and ultimately obtaining an issued patent. Whether you are a first-time inventor, entrepreneur, startup founder, researcher, engineer, or simply curious about how patents work, the podcast explains complicated patent concepts in clear, practical language. Topics include provisional patents, non-provisional patent applications, patent searches, patent prosecution, patent claims, patentability, prior art, patent strategy, continuations, international patents, and patent costs and fees. The podcast also explores other areas of intellectual property, including trademarks, copyrights, trade secrets, licensing, and related IP issues. Adam Diament is a partner at Nolan Heimann LLP and brings his experience as both a patent attorney and scientist to the discussion. The podcast is intended for educational purposes and does not constitute legal advice. Language: en Genres: Business, Technology Contact email: Get it Feed URL: Get it iTunes ID: Get it |
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The Hidden Risk of Keeping a Patent Application Alive Too Long – Prosecution Laches. EP181
Tuesday, 6 October, 2026
In this episode of The Patenting for Inventors Podcast, I explain prosecution laches, a rarely used but important doctrine that can create problems when a patent applicant keeps an application pending for an extraordinarily long time. I discuss when lengthy prosecution can become unreasonable or unfair, particularly when competitors have invested in products or industries while no enforceable patent existed, and why simply filing continuations or having a long prosecution history does not automatically create a problem. I also cover the historical "submarine patent" issue, the significance of very lengthy delays, and the recent Gilbert Hyatt litigation, including the Supreme Court's 2026 decision not to hear the case. Finally, I explain how inventors can legitimately use continuations while avoiding a prosecution history that looks like an attempt to wait for an industry to develop and then shape patent claims around successful competitors.
