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23. Spooky Patents & Scary Claims | What Halloween Inventions Teach About Patent Strategy

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Manage episode 517034855 series 3549790
Content provided by Outlier Patent Attorneys. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Outlier Patent Attorneys or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

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 “spirits demonstration” at the Patent Office won approval — literally.
What pumpkin-carving kits reveal about the limits of “kit” patents and claim scope.
Why simply combining known parts (like tools or instructions) rarely makes something patentable.
How the “fangs” patent shows that even old ideas can be re-patented — if your claims are narrow enough.
What crowded vs. blue-ocean patent spaces mean for your claim breadth.
How to think like an examiner when deciding how detailed your application should be.

Why it matters:

From 19th-century curiosities to modern claim drafting, every “spooky” patent tells a story about how innovation and legal strategy evolve together. Whether you’re a startup founder, inventor, or fellow patent attorney, this episode is a reminder that even the strangest inventions have lessons worth learning.

Chapter Breakdown

Chapter 1: Ouija Boards & Enablement — When claims get “haunted” by indefiniteness.
Chapter 2: The Pumpkin Kit Patent — Why “kit” claims can be a trick, not a treat.
Chapter 3: The Fang Patent — How narrow claims still bite in crowded markets.
Chapter 4: Claim Breadth & Prior Art — Finding the sweet spot between protection and rejection.
Chapter 5: Lessons from the Graveyard — What these old patents teach about filing smarter today.

  continue reading

23 episodes

Artwork
iconShare
 
Manage episode 517034855 series 3549790
Content provided by Outlier Patent Attorneys. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Outlier Patent Attorneys or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

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 “spirits demonstration” at the Patent Office won approval — literally.
What pumpkin-carving kits reveal about the limits of “kit” patents and claim scope.
Why simply combining known parts (like tools or instructions) rarely makes something patentable.
How the “fangs” patent shows that even old ideas can be re-patented — if your claims are narrow enough.
What crowded vs. blue-ocean patent spaces mean for your claim breadth.
How to think like an examiner when deciding how detailed your application should be.

Why it matters:

From 19th-century curiosities to modern claim drafting, every “spooky” patent tells a story about how innovation and legal strategy evolve together. Whether you’re a startup founder, inventor, or fellow patent attorney, this episode is a reminder that even the strangest inventions have lessons worth learning.

Chapter Breakdown

Chapter 1: Ouija Boards & Enablement — When claims get “haunted” by indefiniteness.
Chapter 2: The Pumpkin Kit Patent — Why “kit” claims can be a trick, not a treat.
Chapter 3: The Fang Patent — How narrow claims still bite in crowded markets.
Chapter 4: Claim Breadth & Prior Art — Finding the sweet spot between protection and rejection.
Chapter 5: Lessons from the Graveyard — What these old patents teach about filing smarter today.

  continue reading

23 episodes

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