Patent Pending Made Simple

Outlier Patent Attorneys
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Patent Pending Made Simple is a podcast for inventors who are looking to learn more about the patent process

  1. 18 JAN

    28. From Shin Splints to “Shin-credible” | Real-World Patent Strategy for Physical Products

    What does it take to turn a gym-floor problem into a protectable product? In this episode of Patent Pending Made Simple, attorney Samar Shah sits down with patent attorney Bobby and young inventor Logan to unpack a real invention aimed at strengthening the tibialis anterior (goodbye, shin splints). Together they walk through the provisional → non-provisional journey, how to think about 101 eligibility, novelty/non-obviousness, whether to form an LLC vs. a C-Corp, when to file Track One (fast-track), and how trademarks and copyrights fit into a go-to-market plan. They wrap with a practical look at commercialization: manufacturing it yourself vs. licensing the patent. Here’s what you’ll learn The patentability checklist for physical products: 101 eligibility, novelty, non-obviousnessProvisional vs. non-provisional timing (and when to accelerate with Track One)Entity basics: LLC now or Delaware C-Corp later—how fundraising shapes the choiceTrademarks by class, quick competitive research, and naming (hello, Shin-credible)Copyright for drawings, photos, and marketing assetsTwo paths to revenue: build & sell vs. license—and how your choice affects IP strategy Why it mattersFor inventors and startup teams, aligning IP with your business model can be the difference between a clever idea and a durable asset. This episode shows how to evaluate patentability, structure the filing strategy, and pick a commercialization path that fits your goals. Chapters Chapter 1: Meet the InventorsHow a soccer problem turned into an idea to strengthen the tibialis anterior—and a memorable name: Shin-credible. Chapter 2: Is It Patentable?101 eligibility for physical devices, and a practical test for novelty and non-obviousness. Chapter 3: Provisional → Non-ProvisionalWhen to convert, why most teams use the full 12 months, and when Track One is worth it. Chapter 4: LLC, C-Corp & InvestorsLimiting liability now vs. structuring for venture capital later. Chapter 5: Trademarks & NamesPicking classes, researching competitors, and why categories matter. Chapter 6: Copyright in the Real WorldWhat creative assets you can protect around the product. Chapter 7: Make It or License It?Manufacturing realities, finding partners, and the licensing alternative. Chapter 8: Takeaways for InventorsA simple framework to connect IP decisions to market goals.

    27 min

  2. 18/12/2025

    27. What Is the Purpose of a Patent? | Patent Rights Explained for Inventors & Startups

    What is the true purpose of a patent? Many inventors assume a patent gives them the right to make or sell their invention — but that’s not the case. In this episode, attorneys Samar Shah and Jamie Brophy explain what patents really do, why they matter, and how they fit into a smart business strategy. Here’s what you’ll learn: The legal purpose of a patent: the right to exclude others from making, using, selling, or importing your invention. Why having a patent does not guarantee freedom to operate. How patents can still overlap, and why “freedom to operate” opinions are critical. Business benefits of patents: blocking competitors, attracting investors, increasing valuation, and supporting licensing deals. The often-overlooked marketing value of being “patent pending” or patented. Practical examples from startups and inventors who used patents as leverage in deals and acquisitions. Why it matters: A patent is more than a piece of paper — it can be a valuable asset that supports funding, partnerships, acquisitions, and long-term growth. Understanding the purpose of a patent helps inventors and startups align IP with business goals. Chapter 1: What a Patent Really MeansUnpack the legal foundation of a patent — the right to exclude others, not the right to practice your own invention. Chapter 2: The Freedom-to-Operate PuzzleLearn why patents can overlap, and why freedom-to-operate opinions are essential to avoid infringing on others’ rights. Chapter 3: Litigation LimitsUnderstand why having your own patent isn’t a shield against lawsuits and how courts view patent evidence in litigation. Chapter 4: Business Goals & StrategyExplore how inventors and startups can align patents with goals — from blocking copycats to monetizing through licensing. Chapter 5: Startup Leverage & ValuationSee how patents boost investor confidence, raise valuations, and provide leverage during acquisitions or partnerships. Chapter 6: Patents in Partnerships & Cross-LicensingDiscover how patents help clarify rights in joint ventures and reduce licensing costs through cross-licensing deals. Chapter 7: Marketing & Legitimacy ValueLearn how “patent pending” status deters competitors, adds legitimacy, and becomes a powerful marketing tool. Chapter 8: Key Takeaways & Closing InsightsSummarize the legal, business, and marketing purposes of patents — and how to make them work for your growth strategy.

    16 min

  3. 17/11/2025

    26. Why we work with independent inventors - even though fancy consultants told us not to

    What makes a small patent firm different — and why does it matter to inventors? In this episode, attorneys Samar Shah and Jamie Brophy share a candid conversation about what it’s really like to practice at a boutique firm — and how that model benefits both attorneys and clients. They discuss balancing family life with client deadlines, why direct access to your attorney can change your patent strategy, and how working closely with independent inventors leads to better outcomes and real impact. Here’s what you’ll learn:The human side of patent law — how firm culture affects client care.Why smaller, family-friendly firms can respond faster and more personally.Real client stories: when the right advice meant spending less, not more.How removing “billable hour pressure” leads to more genuine guidance.The long-term benefits of relationships built on trust, not transactions.Why Outlier chose to serve independent inventors — and how that decision shaped its mission. Why it matters:For startups and inventors, choosing the right law firm isn’t just about price — it’s about partnership. A thoughtful, boutique approach can turn legal strategy into long-term success, one idea at a time. ChaptersChapter 1: Life at a Small FirmJamie shares what it’s like to balance deadlines while being sick — and why a small, family-friendly firm makes it possible to stay human in a demanding profession. Chapter 2: Lessons from Big-Firm LifeSamar reflects on his time at a large law firm, missing his daughter’s early milestones due to trial schedules — and how that experience shaped his approach to leadership and firm culture. Chapter 3: The Freedom to CareBoth attorneys discuss how removing strict billable-hour goals and sales metrics creates space for better client service and authentic decision-making. Chapter 4: Real Client WinsA story about a client who came in expecting to spend $10,000 on a utility patent — and left with a $3,500 design patent that fit their needs perfectly. Chapter 5: The Value of Direct AccessWhy working directly with experienced attorneys — not layers of sales reps or project managers — leads to better communication and strategy. Chapter 6: Independent Inventors, Real ImpactHow supporting early-stage inventors gives attorneys visible impact — and helps inventors turn ideas into tangible products. Chapter 7: Building Trust as the True “Moat”Samar explains why Outlier’s biggest competitive advantage isn’t data or software — it’s relationships, trust, and the accumulated wisdom shared with clients. Chapter 8: Clients Who Care BackHeartwarming stories of clients sending baby gifts and congratulations — proof that genuine relationships make the work worthwhile. Chapter 9: The Bigger PictureWhy helping independent inventors strengthens not only small businesses but also innovation, community, and the economy itself. Chapter 10: Key Takeaways & Closing ThoughtsA reflection on why a smaller, mission-driven firm can offer both attorneys and clients something larger firms can’t: empathy, accessibility, and meaningful impact.

    20 min

  4. 14/11/2025

    25. Do You Need a Prototype Before Filing a Patent? | Protect Your Idea the Smart Way

    Do You Need a Prototype Before Filing a Patent? | Protect Your Idea the Smart WayDo you really need to build a prototype before filing your patent application?It’s one of the most common questions inventors ask — and the answer isn’t as simple as yes or no. In this episode, attorneys Samar Shah and Jamie Brophy break down when a prototype helps, when it doesn’t, and how to file smartly without wasting time or money. You’ll learn:The legal truth: prototypes aren’t required — but enablement is.How to describe your invention so others can make and use it (without building it first).When a prototype can reveal what’s truly novel and strengthen your IP.The risks of filing too broadly — and how it can block your own future patents.Why a provisional application can be the best of both worlds: protection and flexibility.How to think like an examiner and spot red flags before filing. Why it matters:A well-timed filing protects your idea before disclosure — but filing too early or too vaguely can cost you real protection later. This episode helps inventors and startups understand the line between an idea, an invention, and a patentable disclosure. Chapter Breakdown Chapter 1: The Prototype QuestionDo you actually need one — or is it just a myth? Chapter 2: Understanding EnablementLearn why you don’t need a prototype if your written description fully explains how to make and use your invention. Chapter 3: The Fine Line Between Idea and InventionFind out when an idea becomes “patent-eligible” subject matter — and when it’s still too abstract. Chapter 4: Filing Before PrototypingWhen early filing protects you from leaks, theft, or public disclosure. Chapter 5: Filing After PrototypingHow building a prototype can reveal true points of novelty — and give your patent more strength. Chapter 6: Avoiding Overly Broad FilingsWhy “broad” doesn’t always mean “better,” and how vague filings can block your own improvements later. Chapter 7: The Role of Provisional ApplicationsUse provisionals to protect early concepts while you refine your design and manufacturing methods. Chapter 8: Key TakeawaysBalance protection with progress — file early enough to secure rights, but detailed enough to stand up in examination and licensing.

    19 min

  5. 07/11/2025

    24. What to Do After Allowance | Patent Continuations & Divisionals Explained

    Welcome to the Patent Pending Made Simple Podcast. In this episode, attorneys Samar Shah and Jamie Brophy discuss an important post-allowance decision: whether to file a continuation or divisional application. We explain:What a continuation is and how it allows you to pursue new claim scope while keeping the original filing date.How a divisional differs and why it often follows a restriction requirement.Practical reasons to file (such as maintaining flexibility, adapting to market changes, or preserving leverage in licensing).Reasons not to file, including budget constraints and when business goals are already met.Common questions from inventors, including whether a continuation affects the strength of the original patent. We also share a practical example of how a continuation helped a client resolve a competitor dispute without litigation, demonstrating how these filings can be useful tools in the right circumstances. Why it matters: Once a patent issues, its claims cannot be changed. A continuation or divisional can provide additional options, but whether to file depends on your budget, goals, and competitive environment. 📩 Questions for the hosts? Jamie: jamie@patentpending.aiSamar: samar@patentpending.ai ⚖️ This discussion is for educational purposes only and does not constitute legal advice. Chapter 1: Introduction & Listener Shout-OutThe hosts kick things off with a special nod to a dedicated listener and share how the podcast audience can submit questions for future episodes. Chapter 2: Why Post-Allowance Decisions MatterExplore what happens after a patent application is allowed and why continuation and divisional filings are critical decisions for inventors. Chapter 3: Continuations ExplainedLearn what a continuation application is, how it shares the same specification but introduces new claims, and why the priority date matters. Chapter 4: Divisionals ExplainedUnderstand how restriction requirements lead to divisional applications and how they differ from continuations while serving a similar purpose. Chapter 5: Strategic Reasons to FileDiscover why inventors use continuations to expand or shift claim scope, adapt to market changes, or keep options open against future competition. Chapter 6: When Not to FileA candid discussion about budget constraints, business goals, and when it’s smarter to skip a continuation. Chapter 7: Client Q&AThe hosts answer common inventor questions: What happens if my continuation gets rejected? Why is the examiner citing the same references again? Does filing a continuation mean my first patent was weak? Chapter 8: Real-World Examples & War StoriesFrom adapting claim language to competitor marketing materials to using continuations as leverage in licensing talks, hear how strategy plays out in practice. Chapter 9: Key TakeawaysA wrap-up on the balance of budget, goals, and timing when deciding whether to file a continuation or divisional. Chapter 10: Closing & Next StepsFinal thoughts, listener contact info, and the reminder that this discussion is educational, not legal advice.

    23 min

  6. 31/10/2025

    23. Spooky Patents & Scary Claims | What Halloween Inventions Teach About Patent Strategy

    What can a Ouija board, a pumpkin carving kit, and fake fangs teach us about modern patent practice? In this special Halloween episode, attorneys Samar Shah and Jamie Brophy dig into three “spooky” patents from the past — and uncover how concepts like claim scope, enablement, and obviousness still haunt inventors today. You’ll learn: Why the original Ouija board patent would never pass modern USPTO standards.How an 1891 “spirits demonstration” at the Patent Office won approval — literally.What pumpkin-carving kits reveal about the limits of “kit” patents and claim scope.Why simply combining known parts (like tools or instructions) rarely makes something patentable.How the “fangs” patent shows that even old ideas can be re-patented — if your claims are narrow enough.What crowded vs. blue-ocean patent spaces mean for your claim breadth.How to think like an examiner when deciding how detailed your application should be. Why it matters: From 19th-century curiosities to modern claim drafting, every “spooky” patent tells a story about how innovation and legal strategy evolve together. Whether you’re a startup founder, inventor, or fellow patent attorney, this episode is a reminder that even the strangest inventions have lessons worth learning. Chapter Breakdown Chapter 1: Ouija Boards & Enablement — When claims get “haunted” by indefiniteness.Chapter 2: The Pumpkin Kit Patent — Why “kit” claims can be a trick, not a treat.Chapter 3: The Fang Patent — How narrow claims still bite in crowded markets.Chapter 4: Claim Breadth & Prior Art — Finding the sweet spot between protection and rejection.Chapter 5: Lessons from the Graveyard — What these old patents teach about filing smarter today.

    22 min

  7. 09/10/2025

    22. Idea vs. Invention Explained: What Makes Something Patentable

    In this episode, hosts Samar Shah and Jamie Brophy tackle a question every inventor faces: What’s the difference between an idea and an invention—and when is it ready for a patent? What you’ll learn in this episode: Why ideas aren’t patentable—but inventions are.Patents don’t protect vague concepts or “what ifs.” They require concrete details. Samar and Jamie explain the legal and practical reasons behind this rule and why it matters for inventors. The key concept of “reduction to practice.”Turning an idea into an invention means more than sketching a lightbulb moment. You’ll learn how prototypes, engineering drawings, and technical details shift your concept into patentable territory. The role of enablement.The law requires that someone “skilled in the art” could make and use your invention based on your disclosure. The hosts unpack this standard in plain English and show what’s “enough detail” to cross the line. Examples that bring the concept to life.From da Vinci’s flying machines to the Wright brothers’ airplane, and from “a toothbrush that cleans teeth by itself” to actual electric toothbrushes—you’ll see how history and modern examples illustrate the fine line between idea and invention. When to file a provisional patent application.Filing too early leaves you vulnerable; filing too late means lost protection. Samar and Jamie share practical guidance on when inventors should take the provisional step. Common mistakes inventors make.From filing on vague “room-cleaning robots” to skipping critical details like power, tolerances, or mechanisms, the hosts break down the errors that cost inventors valuable protection. Why this matters: The difference between an idea and an invention determines whether your patent application gets granted—or rejected. Understanding this distinction can save you thousands in wasted filings and put you on the right path to protecting your IP. This episode is designed to simplify complex patent law concepts into practical, real-world advice that every independent inventor, startup founder, and entrepreneur can use. Chapter 1: Introduction & Why This MattersHosts Samar Shah and Jamie Brophy set the stage by clarifying why the idea vs. invention distinction is critical—not just wordplay, but a legal dividing line that determines patentability. Chapter 2: Why Ideas Aren’t PatentableExplore the legal rules that exclude vague concepts and “what ifs” from patent protection. Chapter 3: Reduction to PracticeUnderstand the crucial step that turns a brainstorm into a patentable invention, whether on paper or in prototype form. Chapter 4: Historical ExampleFrom Leonardo da Vinci’s early flying sketches to the Wright brothers’ functioning airplane, see how abstract ideas become protectable inventions. Chapter 5: Modern Example: The ToothbrushA relatable case study on how an “automatic tooth-cleaning device” moves from abstract concept to concrete, patent-ready invention. Chapter 6: Enablement StandardBreak down the requirement that someone “skilled in the art” must be able to build your invention from your patent disclosure. Chapter 7: Provisional Filing TimingLearn when to take the provisional step, balancing risk of filing too early vs. too late. Chapter 8: Common Mistakes Inventors MakeFrom filing on vague robots to skipping key parameters like power ranges, discover pitfalls that weaken protection. Chapter 9: Practical TakeawaysSamar and Jamie share real-world advice for inventors and founders on how to avoid wasted filings and protect innovation strategically. Chapter 10: Conclusion & DisclaimerFinal reflections, a call for listener questions, and a reminder that the episode is educational—not legal advice.

    20 min

  8. 18/08/2025

    21. Navigating the Patent Process with Expert Paralegal Hastings Galloway

    Join hosts Samar Shah and Jamie Brophy as they dive into the world of patents with expert paralegal Hastings Galloway. Discover the essential role of a patent paralegal, the importance of attention to detail, and the intricacies of patent law. Hastings shares her journey from hospitality to patent law, offering insights into the daily responsibilities and challenges faced by paralegals. Learn how effective communication with your paralegal can lead to successful patent applications and avoid costly mistakes. 00:00 Introduction and Welcome00:15 Meet Our Special Guest: Hastings Galloway01:30 Hastings' Journey into Patent Law03:51 Key Traits of a Successful Patent Paralegal06:48 A Day in the Life of a Patent Paralegal10:15 Importance of Accurate Information and Formal Documents23:29 Post-Allowance Checklist and Final Thoughts29:01 Conclusion and Farewell Key Takeaways:The critical role of attention to detail in patent law. How to effectively communicate with your patent paralegal. The importance of accurate documentation and timely submissions. Guest: Hastings Galloway, Patent Paralegal Hosts: Samar Shah and Jamie Brophy Subscribe now to stay updated on the latest episodes and insights from the world of patents.

    30 min
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About

Patent Pending Made Simple is a podcast for inventors who are looking to learn more about the patent process

Information

  • Creator
    Outlier Patent Attorneys
  • Years Active
    2023 - 2026
  • Episodes
    28
  • Rating
    Clean
  • Copyright
    © Outlier Patent Attorneys
  • Show Website
    Patent Pending Made Simple

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