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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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Patent Evergreening: Legal Genius or System Abuse? EP182
Tuesday, 20 October, 2026
This episode of The Patenting for Inventors takes on patent evergreening, the controversial practice of obtaining new patents on later improvements to an existing product so that patent protection can extend beyond the life of the original patent. I explain why evergreening is not itself a legal term or automatically improper, using examples such as new drug formulations, delivery systems, manufacturing methods, and other genuine improvements that may independently qualify for patent protection. The episode also looks at the criticism of evergreening, particularly in the pharmaceutical industry, where additional patents can delay generic competition, and explains the important distinction between legitimately patenting a new invention and using marginal changes primarily to prolong exclusivity. The key takeaway is that a product can be protected by many different patents over time, but each later patent still has to satisfy the ordinary requirements of patentability on its own merits.
