Infringe at Your Own Risk

Protecting Medical Device Innovations: What Inventors Must Know Before Filing

Episode Summary:
Rand Bateman, a seasoned patent attorney, delves into the complexities of patent applications for medical devices. He highlights the technical demands and competitive nature of the medical device field, emphasizing the importance of patent protection in driving innovation and technological advancements. Rand shares insights on structuring patent applications, evaluating patentability, and navigating examiner assessments to secure effective patents.
Key Timestamps:
00:00 – Introduction
02:15 – Technical demands and innovation in medical devices
06:45 – Significance of patent protection in driving advancements
09:30 – Structuring patent applications for medical technologies
12:15 – Factors influencing patentability in the medical device field
15:00 – Strategies for demonstrating novelty and usefulness in design
18:30 – Challenges and considerations in drafting patent claims
22:00 – Adapting to evolving technologies in patent drafting
25:45 – Anticipating future technological developments
28:30 – Closing remarks and call to action
About the Show:
*InFringe at Your Own Risk* is a podcast series hosted by legal experts that explores various facets of intellectual property law, with a focus on patent applications for innovative industries. Delve into the world of patents, trademarks, and copyrights with seasoned professionals offering valuable insights and practical advice.

The AI Invention Dilemma: Who Owns the Work When a Machine Creates It?

Episode Summary:In this episode of *Infringe at Your Own Risk*, patent attorney Randall Bateman dives into the complex world of patent applications for medical devices. He explains the technical demands and the importance of patent protection in the competitive field of medical innovation. Randall highlights the role of patents in driving technological advancements and improving healthcare outcomes, offering valuable insights for inventors and innovators in the medical device industry.
Key Timestamps:00:00 – Introduction02:10 – Importance of Patent Protection in Medical Innovation05:45 – Structuring Patent Applications for Medical Devices08:30 – Factors in Evaluating Medical Device Claims11:15 – Design Considerations for Useful and Novel Medical Devices14:20 – Challenges in Drafting Patent Documents for Medical Technologies17:45 – Adapting to Rapid Technological Changes in the Medical Field20:30 – Conclusion and Call to Action
About the Show:*Infringe at Your Own Risk* delves into the intricate world of intellectual property and patent law, exploring the challenges and opportunities faced by inventors, entrepreneurs, and businesses in protecting their innovations. Join us as we unravel the complexities of patent applications, trademark issues, and legal considerations in the ever-evolving landscape of intellectual property.

The Patent Process: How to Start Protecting Your Product or Invention

Episode Summary:In this episode of Infringe at Your Own Risk, patent attorney Randall Bateman walks inventors through the process of filing a patent. From conducting a patentability search to drafting applications and responding to office actions, Randall explains the steps, challenges, and strategies for successfully obtaining a patent. He also shares real-world examples of inventions that improve lives, highlighting the importance of thorough preparation and professional guidance.
Key Timestamps Summary:
00:00 – Overview of the patent process and types of patents.01:00 – Difference between utility, design, and plant patents.02:30 – How to determine if your invention is new and non-obvious.05:00 – Importance of using experts for accurate results.06:30 – Isolating what makes your invention unique and valuable.09:30 – Life-changing medical device inventions and their impact.13:30 – Provisional vs. non-provisional applications and filing strategies.15:00 – Writing claims to protect your invention effectively.17:30 – Common rejections and how to respond.20:00 – Typical duration, costs, and expectations for patent approval.22:00 – Communicating with your attorney and staying calm during the process.
About the Show:Infringe at Your Own Risk features patent attorney Randall Bateman, offering practical advice for inventors and businesses on protecting intellectual property. Each episode covers patents, trademarks, copyrights, and trade secrets, providing insights that help inventors navigate the complex world of IP law.

The Patent Troll Problem: Separating Myths from Reality

Episode Summary:In this episode of Infringe at Your Own Risk, patent attorney Randall Bateman dives into the world of patent trolls. He explains what patent trolls are, how they operate, and the differences between legitimate patent enforcement and abusive practices. Randall also shares strategies for inventors and businesses to protect themselves from costly disputes, navigate recent changes in patent law, and leverage courts and state laws to defend against baseless claims.
Key Timestamps Summary:
00:00 – What patent trolls are and why inventors should care.01:30 – How the term is used and why it can be misleading.03:30 – Acquiring patents, identifying alleged infringers, and demanding settlements.05:00 – A case involving a cell phone charger patent and licensing settlements.08:00 – How intent and due diligence matter.10:00 – Defense strategies, motions to dismiss, and cost management.12:30 – Helping small inventors monetize patents without exploitation.14:30 – Jurisdictional updates and state laws deterring bad-faith patent claims.16:30 – How courts and legislation shape the landscape for patent enforcement.
About the Show:Infringe at Your Own Risk features patent attorney Randall Bateman, who provides actionable guidance for protecting and monetizing intellectual property. Each episode covers patents, trademarks, copyrights, and trade secrets, offering practical insights for inventors, businesses, and entrepreneurs.

International IP: How to Protect Your Rights Beyond U.S. Borders

Episode Summary:
In this episode of Infringe at Your Own Risk, patent attorney Randall Bateman breaks down what inventors and businesses need to know about protecting their ideas and brands beyond U.S. borders. He explains why U.S. patents and trademarks don’t automatically apply worldwide, how international treaties like the PCT and Madrid Protocol simplify the filing process, and how to avoid costly mistakes when expanding into global markets. Randall also shares insights on how to safeguard your intellectual property from copycats and counterfeiters, and the key steps every business should take before going international.
Key Timestamps:
00:00 – Why international IP protection matters for growing businesses.01:00 – Randall explains why patents and trademarks only apply within the country where they’re registered.02:00 – How allowing a foreign distributor to own your trademark can cost you control of your brand.03:00 – Why most countries require filing before any public disclosure to maintain patent rights.04:30 – How others can register your brand overseas if you don’t act first.06:00 – How to choose which countries are worth protecting based on your long-term market goals.07:30 – How the PCT helps delay costs and streamline the international patent process.09:00 – Early search reports, faster processing, and easier entry into multiple countries.11:00 – How to simplify and reduce costs for trademark filings across several countries.13:30 – How design patents can be filed efficiently through international cooperation.15:00 – How international agreements are reducing bureaucracy and improving IP processes.16:30 – Practical steps to protect your brand from global copycats and trademark squatters.18:00 – Legal Penalties: Why counterfeiting can lead to criminal penalties in many countries.
About the Show:Infringe at Your Own Risk features registered patent attorney Randall Bateman, who helps businesses protect and profit from their ideas through patents, trademarks, and copyrights. Each episode explains the legal side of innovation with real-world guidance to help creators and entrepreneurs safeguard what they’ve built.

Licensing 101: How to Turn Your IP Into Revenue Without Losing Control

Episode Summary:In this episode of Infringe at Your Own Risk, patent attorney Randall Bateman explains how inventors and business owners can turn their intellectual property into income through licensing, while retaining ownership and control. He breaks down the types of IP that can be licensed, the differences between exclusive and non-exclusive licenses, and practical strategies for protecting your rights. Randall also highlights key considerations to prevent misuse, maintain quality, and maximize the long-term value of patents, trademarks, copyrights, and trade secrets.
Key Timestamps Summary:
00:00 – How licensing can generate income without giving up ownership.01:00 – Licensing as a way to lease your intellectual property to others while retaining rights.02:30 – Factors to consider when deciding to license or assign your IP.04:30 – How companies like Wilson used licensing to profit from their IP without producing products.06:00 – How inventions can be licensed in different sectors for additional revenue.08:30 – How collective licensing helps industries like technology and electronics.10:00 – Patents, trademarks, copyrights, and trade secrets, with examples.12:30 – Pros, cons, and strategic applications for each type.15:00 – How the life of patents, trademarks, and copyrights affects licensing agreements.16:30 – How to prevent misuse, protect trade secrets, and maintain trademark standards.18:30 – Handling future inventions, company acquisitions, and brand reputation.
About the Show:Infringe at Your Own Risk features patent attorney Randall Bateman, who guides businesses and creators on how to protect and monetize their ideas. Each episode provides actionable legal insights to safeguard patents, trademarks, copyrights, and trade secrets while maximizing the value of intellectual property.

IP for Startups: Building Protection from Day One

Episode Summary
In this episode, patent attorney Randall Bateman breaks down the essentials of intellectual property protection for startups. He explains why not every new business needs patents, trademarks, and copyrights at the same time, and how over-investing too early in IP can drain resources before a company even gets off the ground. Randall shares the most common mistakes startups make when it comes to trademarks, copyrights, patents, and trade secrets—and offers practical advice on how to avoid them.
From working with co-founders and contractors to protecting confidential information with investors, Randall provides a clear roadmap for founders to make smart IP decisions without wasting money.
Key Takeaways and Timestamps
00:58 – Why intellectual property matters for startups04:20 – Avoiding wasted money on unnecessary IP06:10 – The right timing to protect intellectual property07:35 – The most common mistakes startups make with trademarks, copyrights, patents, and trade secrets11:58 – Handling IP ownership with co-founders and contractors14:40 – Protecting confidential information with investors
About the Show
Infringe at Your Own Risk is a podcast for creators, innovators, and entrepreneurs who want to understand how intellectual property law protects their ideas, and how to avoid costly legal mistakes. Hosted by Kevin Rosenquist and featuring IP attorney Randall Bateman of Bateman IP.

Cease and Desist Letters: What They Mean and How to Avoid Them

Episode Summary
In this episode of Infringe at Your Own Risk, patent attorney Randall Bateman provides a comprehensive breakdown of cease and desist letters, explaining what they are, why they’re issued, and how businesses and individuals should respond. With decades of experience in intellectual property law, Randall shares real-world examples and offers practical advice for navigating these letters, avoiding costly mistakes, and protecting your rights.
Listeners will learn about the differences between cease and desist letters and court orders, how to handle potentially bogus claims, and the critical importance of preserving evidence before taking down infringing content. Randall also explains the strategic considerations behind sending or responding to cease and desist letters, including tone, timing, and the potential public relations consequences.
Whether you’re a business owner, creator, or entrepreneur, this episode provides essential guidance on dealing with cease and desist letters effectively and strategically.
Key Timestamps
00:52 – What a cease and desist letter really is02:40 – Common misuse of the term and how it differs from injunctions and restraining orders04:15 – Why ignoring a cease and desist letter can make matters worse06:20 – Typical scenarios that lead to receiving cease and desist letters08:05 – Why you should preserve evidence before removing content10:15 – When to ignore, negotiate, or challenge a cease and desist claim12:40 – Real case study: unauthorized use of a Santa Claus image14:55 – The risks of the “Streisand Effect” and public backlash17:10 – The importance of tone in cease and desist letters18:45 – Factors that determine how aggressive your response should be
About the Show
Infringe at Your Own Risk is a podcast for creators, innovators, and entrepreneurs who want to understand how intellectual property law protects their ideas, and how to avoid costly legal mistakes. Hosted by Kevin Rosenquist and featuring IP attorney Randall Bateman of Bateman IP.

Copyrights 101: How to Protect Your Creative Work

Episode Summary
In this episode of Infringe at Your Own Risk, patent attorney Randall Bateman dives into the essentials of copyright law and its critical role in protecting creative works. He breaks down what types of work qualify for copyright, how it differs from patents and trademarks, and why registration is essential for enforcement.
Randall also addresses pressing issues like the rise of copyright disputes involving AI, common misconceptions about fair use, and high-profile cases in the music industry. From statutory damages to the importance of timely registration, he offers practical insights every creator, entrepreneur, and business owner needs to understand.
Key Timestamps
00:01:45 – What types of works are protected under copyright law00:03:10 – The impact of AI on copyright infringement cases00:04:20 – Copyright vs. patents and trademarks: key distinctions00:06:50 – The requirement of copying and the “substantial similarity” test00:09:00 – Damages, statutory awards, and the importance of registration00:11:30 – Why timely copyright registration strengthens enforcement00:14:15 – Common misunderstandings about fair use00:16:40 – The “five-second rule” myth in music copyright cases00:18:30 – Notable copyright disputes and lessons for creators
About the Show
Infringe at Your Own Risk is a podcast for creators, innovators, and entrepreneurs who want to understand how intellectual property law protects their ideas, and how to avoid costly legal mistakes. Hosted by Kevin Rosenquist and featuring IP attorney Randall Bateman of Bateman IP.

The Secret Sauce: What Every Business Should Know About Trade Secrets

Episode Summary:In this episode of Infringe at Your Own Risk, patent attorney Randall Bateman explores the often-overlooked world of trade secrets. Randall breaks down what qualifies as a trade secret, how companies can protect confidential information, and why trade secrets can be as valuable as patents or copyrights. He also explains the role of NDAs, the risks of non-compete agreements, and when it makes more sense to maintain secrecy rather than seek a patent. This episode is a must-listen for business owners, innovators, and entrepreneurs looking to safeguard their competitive edge.
Key Timestamps:
00:01 – Show introduction and welcome01:15 – What qualifies as a trade secret?04:30 – Examples of customer lists and company practices as trade secrets06:20 – The importance of reasonable steps to protect secrecy08:05 – How businesses can detect and prove trade secret theft10:45 – Criminal penalties for trade secret misappropriation12:10 – How trade secrets differ from patents and copyrights15:30 – Copyright overlap with trade secrets in software17:05 – Best practices for protecting confidential information19:00 – The role of NDAs in safeguarding trade secrets21:40 – Why non-compete agreements are being restricted24:15 – When to choose trade secret protection over a patent28:00 – First steps if a trade secret is compromised30:15 – Closing thoughts and call to action
About the Show:
Infringe at Your Own Risk is hosted by registered patent attorney Randall Bateman, who has decades of experience protecting patents, trademarks, copyrights, and trade secrets. Each episode offers practical legal insights for entrepreneurs, startups, and established businesses seeking to safeguard their intellectual property and avoid costly mistakes.