How to Patent an Algorithm Without Saying "Algorithm" Ep. 177

Could your startup be making patent mistakes that could cost you tens of thousands of dollars, or even put you out of business? In this episode of The Patenting for Inventors Podcast, I take you through ten potentially costly patent mistakes that entrepreneurs and startup founders need to avoid. Did you know that having a patent doesn't necessarily mean you can legally sell your product? Or that your startup might not actually own the inventions developed by its founders or employees? From poorly written provisional patent applications and missed international deadlines to accidentally losing patent rights before your product even launches, you'll learn how to avoid common pitfalls that could jeopardize your business. Whether you're developing your first invention or building the next big startup, this is an episode you won't want to miss!

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.

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.

In this episode I answer an unusual but very real intellectual-property question: Can you patent a smell? I explain why a scent itself generally cannot be patented, but the chemical composition that creates it, the process used to manufacture it, or a device that releases it may be patentable. I also discuss when keeping a fragrance formula as a trade secret may make more sense than disclosing it in a patent, and how, in rare cases, a distinctive scent can even function as a trademark. The episode explores how patents, trade secrets, and trademarks can work together to protect different aspects of a scent-based product, and why inventors should think carefully before disclosing their formulas or inventions to the public.

Lost in Translation: How Bad Patent Translations Can Kill Your Global Rights. Patent translation isn't simply about converting words from one language to another, it's about preserving the legal and technical meaning of your patent. I explain how seemingly small translation mistakes can accidentally narrow claims, turn optional features into required ones, create inconsistencies in technical terminology, or cause problems when making amendments later. I also discuss translation deadlines, PCT national-phase filings, and why inventors seeking international protection should use translators who understand both the technology and patent language.

In this episode I explain why a patent examiner and a judge may interpret the exact same patent claim differently. I break down the Patent Office's Broadest Reasonable Interpretation standard, how courts analyze claims after a patent issues, and why the wording of your claims, specification, and prosecution history can dramatically affect what your patent ultimately covers. I also explain what inventors can do during prosecution when an examiner reads a claim more broadly than expected, and why careful drafting from the beginning can make a major difference later.

You've built something smart. Really smart. But the second you say the word "algorithm," alarm bells start going off at the Patent Office. In this episode, we talk about how software inventions actually get patented in the real world, why inventors get tripped up by labels instead of substance, and how describing what your system does can matter more than what you call it. If you've ever been told "you can't patent an algorithm" and wondered if that's really true, this episode walks through how patent practitioners frame these inventions so they survive scrutiny and still protect what makes them valuable.     Connect with Adam Diament E-mail: [email protected]   Website: https://www.nolanheimann.com/legal-team/adam-diament   Phone/Text: (424)281-0162   YouTube: https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw Instagram: https://www.instagram.com/trademarkpatentlaw/   LinkedIn: https://www.linkedin.com/in/adam-diament-j-d-ph-d-180a005/   Amazon Book Page: https://www.amazon.com/stores/author/B005SV2RZC/allbooks?ingress=0&visitId=831aff71-513b-4158-ad73-386ede491e93

Why does one patent show up online for the whole world to see while another seems to stay completely invisible for years? In this episode, we unpack the surprisingly strategic reasons behind patent publication and secrecy, including the default 18-month rule, the little-known nonpublication option, and how a single checkbox at filing can change your entire IP strategy. If you've ever wondered whether publishing helps or hurts your invention, or how secrecy can quietly lock you into a U.S.-only path, this is one of those topics that can save you from an expensive "I wish I'd known that sooner" moment.   Connect with Adam Diament E-mail: [email protected]   Website: https://www.nolanheimann.com/legal-team/adam-diament   Phone/Text: (424)281-0162   YouTube: https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw Instagram: https://www.instagram.com/trademarkpatentlaw/   LinkedIn: https://www.linkedin.com/in/adam-diament-j-d-ph-d-180a005/   Amazon Book Page: https://www.amazon.com/stores/author/B005SV2RZC/allbooks?ingress=0&visitId=831aff71-513b-4158-ad73-386ede491e93

You finally make your first sale. Champagne moment. But what if that very first customer quietly flips a legal switch that limits what patent rights you can enforce going forward? In this episode, we dig into patent exhaustion, the surprisingly powerful doctrine that kicks in once you sell a patented product and can dramatically reshape your control over what happens next. If you've ever assumed your patent gives you endless leverage after a sale, this conversation might change how you think about pricing, licensing, and your go-to-market strategy.   Connect with Adam Diament E-mail: [email protected]   Website: https://www.nolanheimann.com/legal-team/adam-diament   Phone/Text: (424)281-0162   YouTube: https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw Instagram: https://www.instagram.com/trademarkpatentlaw/   LinkedIn: https://www.linkedin.com/in/adam-diament-j-d-ph-d-180a005/   Amazon Book Page: https://www.amazon.com/stores/author/B005SV2RZC/allbooks?ingress=0&visitId=831aff71-513b-4158-ad73-386ede491e93

You spent the time, filed the application, and finally got the patent. Everything feels locked in… until someone casually mentions that part of your product uses open-source code. Uh oh. In this episode, we unpack how open-source licenses can quietly collide with patent rights, when using open-source tools is totally fine, and when it can seriously undermine your ability to enforce a patent. If you've ever built fast using shared code and assumed patents would clean things up later, this is a must-listen before that assumption comes back to bite you. Connect with Adam Diament E-mail: [email protected]   Website: https://www.nolanheimann.com/legal-team/adam-diament   Phone/Text: (424)281-0162   YouTube: https://www.youtube.com/channel/UC5cTADZzJfPoyQMjnW-rtRw Instagram: https://www.instagram.com/trademarkpatentlaw/   LinkedIn: https://www.linkedin.com/in/adam-diament-j-d-ph-d-180a005/   Amazon Book Page: https://www.amazon.com/stores/author/B005SV2RZC/allbooks?ingress=0&visitId=831aff71-513b-4158-ad73-386ede491e93