Patently Brilliant: Inside the Mind of Attorney Austin Bonderer
Adrienne Barker Speaks: No Prep Needed
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Show Notes
Got an idea you’re ready to protect? Patent attorney Austin Bonderer (700+ issued U.S. patents) breaks down what’s myth, what’s law, and what actually gives you an edge—from first-to-file realities to why “disclosure kills patents.”
In this candid conversation, Austin explains how patents work in practice: why the U.S. is first-to-file, what “enablement” really means, and why DIY filings often backfire. He unpacks software patent hurdles post-Alice, smart international strategies (hint: control the place of manufacture), the right way to use NDAs, and how prior art searches save time and money. Whether you’re a founder, maker, or small-business innovator, this episode gives you a clear, step-by-step mental model for moving from idea to protected IP—without stepping on legal landmines.
- Patents are federal. Your attorney can be anywhere; choose the one you work with best because it’s a team sport.
- First-to-file wins. Mailing yourself an idea or “proving” you thought of it first won’t protect you under today’s rules.
- Do a prior art search first. Spending ~$1–1.6k up front can prevent wasting thousands on an unwinnable application.
- Enablement matters. Your application must teach a skilled person how to make and use the invention.
- Software is hard to patent. After Alice, mere data intake + processing + output is usually unpatentable; niche technical improvements may still qualify.
- International tactics. You don’t need every market—often the win is patenting where the product will be manufactured to control production costs.
- Mind your NDAs. NDAs are contracts (offer consideration—even $10 for feedback). But disclosure under an NDA can still trigger patent-law consequences.
- Deadlines are real. Once examination starts, office actions have strict response windows—miss them and you risk abandonment.
- Expired patents = public domain. You can practice what’s in them; new tweaks must be non-obvious to be patentable.
- Trade secrets vs patents. Formulas (e.g., spice blends) are typically trade secrets; devices and methods are patent territory.“
- Disclosure kills patents. Learn more: https://bondererpatents.com/contact-us/
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