Patent Pending Made Simple

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

Do 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 m...

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.
Practica...

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 ...

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 w...

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 wi...

Summary
In this episode, an M&A advisor and business broker, Jason Brown talks with Samar Shah about preparing a startup for a successful exit. He emphasizes the importance of having a clear vision and exit plan from the beginning, including various scenarios. He also discusses the benefits of inorganic growth through acquisitions and the need to build a strong team that can operate independently from the founder. B...

Summary

In this episode, the hosts discuss the different types of rejections that can be issued by the Patent Office when filing a patent application. They focus on 102 rejections, which are based on prior art, and 103 rejections, which are based on obviousness. They explain the timing of responding to rejections and the options for overcoming them, including amending the claims and making arguments based on the prior art. ...

Summary

In this episode, Samar and Jamie discuss various resources for independent inventors. They highlight the United States Patent and Trademark Office (USPTO) website as a top resource, which provides information on patent basics, patent scams, and free services offered by the Patent Office. They also mention the Inventor Assistance Center and the Pro Bono Program, which are available through the USPTO. Other resources ...

Summary
The conversation discusses New Year's resolutions for inventors with regards to the patent process. The main theme is taking advantage of the one-year timeframe while the provisional application is pending. This includes developing the invention, finding manufacturers or potential licensees, and determining a plan for monetizing the invention. The conversation also emphasizes the importance of having a strategy ...

In this episode, Jamie and Samar interview Peter Drakulich, co-founder of 52 Launch, a company that helps individuals bring product ideas to market. They discuss the journey of bringing product ideas to market, emphasizing the interplay of patents and market disclosure, comprehensive support services, and the value of leveraging platforms like Amazon and social media for successful product launches. They also highlight the...

In this episode, Samar and Jamie delve into the different types of patent applications, and the key information to remember for each one. There are 3 main types of applications -- design, utility, and plant. For utility patents, you may file a provisional or a non-provisional application as well. PCT applications make it possible to apply for a patent in numerous countries. Learn more about the qualifications, deadlines, a...

In this episode of Patent Pending Made Simple, Jaime and Samar tell you what a notice of allowance is, how it should be treated, and what you need to do after receiving one.

Summary
In this episode, the hosts discuss what to do after receiving a notice of allowance on a patent application. They explain a notice of allowance and how long it typically takes to receive one. They emphasize the importance of reviewing the not...

In this Patent Pending Made Simple episode, Jaime and Samar debate whether to amend claims or argue against rejections in a patent application. It is common to receive rejections in the patent process, but determining whether or not you should fight those rejections or amend claims in your application is a difficult dance. Listen in to get some insights into your potential options.

Summary
The conversation discusses the ...

Who is an inventor when it comes to a patent? Can there be multiple inventors? What rights do they have? These questions will be answered in this insightful episode of Patent Pending Made Simple, where our hosts, Jamie Brophy and Samar Shah, delve into the intricacies of inventorship claims and their implications in the realm of patent applications and legal protections.

Summary
In this episode, Jamie Brophy and Samar Sh...

What are the key differences between a patent attorney and a patent agent? 
In this episode, Jamie and Samar dispel the myths surrounding patent attorneys and patent agents. They specify the qualifications a patent attorney and patent agent must have and what actions fall under their jurisdictions, respectively.  

Takeaways:
Both patent attorneys and agents are required to take the patent bar exam, which qualifies the...

In this episode of Patent Pending Made Simple, Jamie and Samar talk about the ins and outs of prototyping and whether you should have one before filing your patent application. They discuss the costs of prototyping, how it can help you in the product development process, and what you should consider before prototyping your invention.

Summary

The conversation discusses whether a prototype is necessary before filing a patent a...

In this episode of Patent Pending Made Simple, Jamie and Samar interview Stephen Key, one of the foremost experts in the world of patent licensing.  They discuss the patent licensing process, the role of a provisional patent application in that process, steps to bringing an idea to market, prototyping, prior art searches, and so much more!

Summary
Stephen Key, a patent licensing expert, shares his insights on how to prot...

What is the difference between a patent and a license?
In this episode, Jamie and Samar discuss the differences between a patent and a license.  Topics include:

• Key differences
• Do you need an issued patent to get a licensing deal?
• Are there benefits of securing a licensing deal during the patent pending phase?
• Overcoming fears and uncertainties around licensing an invention
• What is a license (a contract that allows someo...