The scariest part of a patent to would-be infringers isn't the drawing; it's the claims section.

The claims are the numbered sentences at the end of the patent that legally define the precise scope of protection. If it's not in a claim, it's not truly protected! That’s why it’s of the utmost importance to have strong, well-written claims that properly cover everything you want to protect.

The claims in the Ouija board patent, US Patent 446,054, narrowly defined the board and its indicator. If a competitor made a board with a different shape or a different indicator, they may have avoided infringement. Indeed, many did!

The level of detail in patent claims is important. Too broad, and they probably won’t be granted. Too narrow, and it will be harder to prove infringement if someone makes something slightly different.

This is something DIY applicants and online patent mill services often get wrong. The thing is, you won’t know if they’re not good until either years pass and the application is rejected or you have trouble showing something slightly different is infringement.

Don't let your claims be weak! Working with an experienced patent attorney to craft precise, properly scoped claims is the best way to build a protective fortress around your invention.

You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.

I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

You can find all of my other frighteningly good content on the King Patent Law website, at "Know Your Rights: Your IP and Business Law Playbook " on all major podcast platforms, and at @kingpatentlaw on most social media.

The information provided in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. You should not act on any information presented here without first seeking the counsel of a licensed attorney for your specific legal needs.

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