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Patent Pending Made Simple

Patent Pending Made Simple

By: 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 processOutlier Patent Attorneys Economics Leadership Management & Leadership
Episodes
  • 26. Why we work with independent inventors - even though fancy consultants told us not to
    Nov 17 2025

    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.

    Chapters
    Chapter 1: Life at a Small Firm
    Jamie 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 Life
    Samar 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 Care
    Both 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 Wins
    A 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 Access
    Why working directly with experienced attorneys — not layers of sales reps or project managers — leads to better communication and strategy.

    Chapter 6: Independent Inventors, Real Impact
    How 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 Back
    Heartwarming stories of clients sending baby gifts and congratulations — proof that genuine relationships make the work worthwhile.

    Chapter 9: The Bigger Picture
    Why helping independent inventors strengthens not only small businesses but also innovation, community, and the economy itself.

    Chapter 10: Key Takeaways & Closing Thoughts
    A reflection on why a smaller, mission-driven firm can offer both attorneys and clients something larger firms can’t: empathy, accessibility, and meaningful impact.

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    Not Yet Known
  • 25. Do You Need a Prototype Before Filing a Patent? | Protect Your Idea the Smart Way
    Nov 14 2025

    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 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 Question
    Do you actually need one — or is it just a myth?

    Chapter 2: Understanding Enablement
    Learn 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 Invention
    Find out when an idea becomes “patent-eligible” subject matter — and when it’s still too abstract.

    Chapter 4: Filing Before Prototyping
    When early filing protects you from leaks, theft, or public disclosure.

    Chapter 5: Filing After Prototyping
    How building a prototype can reveal true points of novelty — and give your patent more strength.

    Chapter 6: Avoiding Overly Broad Filings
    Why “broad” doesn’t always mean “better,” and how vague filings can block your own improvements later.

    Chapter 7: The Role of Provisional Applications
    Use provisionals to protect early concepts while you refine your design and manufacturing methods.

    Chapter 8: Key Takeaways
    Balance protection with progress — file early enough to secure rights, but detailed enough to stand up in examination and licensing.

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    19 mins
  • 24. What to Do After Allowance | Patent Continuations & Divisionals Explained
    Nov 7 2025

    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.ai
    Samar: samar@patentpending.ai

    ⚖️ This discussion is for educational purposes only and does not constitute legal advice.


    Chapter 1: Introduction & Listener Shout-Out
    The 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 Matter
    Explore what happens after a patent application is allowed and why continuation and divisional filings are critical decisions for inventors.

    Chapter 3: Continuations Explained
    Learn what a continuation application is, how it shares the same specification but introduces new claims, and why the priority date matters.

    Chapter 4: Divisionals Explained
    Understand how restriction requirements lead to divisional applications and how they differ from continuations while serving a similar purpose.

    Chapter 5: Strategic Reasons to File
    Discover 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 File
    A candid discussion about budget constraints, business goals, and when it’s smarter to skip a continuation.

    Chapter 7: Client Q&A
    The 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 Stories
    From 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 Takeaways
    A wrap-up on the balance of budget, goals, and timing when deciding whether to file a continuation or divisional.

    Chapter 10: Closing & Next Steps
    Final thoughts, listener contact info, and the reminder that this discussion is educational, not legal advice.

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    23 mins
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Great insights for entrepreneurs and inventors new to the patent process and the intellectual property space.

Thorough Information Simply Stated

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patents can seem intimidating to inventors. the hosts, Samar and Jamie, did a great job breaking it down and making it accessible!

informative and accessible

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