The Petrifying Patent Pitfall of Trying to Patent the Unpatentable

People often assume the Ouija board patent protected the “spirit communication.” NO! A utility patent (like the original Ouija patent US446054) only protects the functional parts of an invention: how it works, how it’s made, or what it does.

The Ouija patent protected the specific arrangement of the letters and the moving indicator as a game device. It had nothing to do with the claim of contacting the deceased.

An invention must be capable of working as described and can’t be an abstract concept. You can’t prove the paranormal is behind the functioning, so the paranormal part can’t be given a patent. You can patent the machine, but not the magic.

What specific scientifically provable mechanism or process is unique about your invention? That’s where the value and the protection lie!

Intellectual property is one of your most powerful business tools. If you’re ready to build a strong brand and protect what you create, you don’t have to figure it out alone.

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

Ready to protect your work? Book a consultation online at kingpatentlaw.com or call 217-714-8558.

For more information on intellectual property and business law, check out the other posts on this site, listen to my podcast “Spellbinding IP: Patent, Trademark, and Business Strategy” on all major podcast platforms (video available on YouTube, Spotify, and Substack), or follow me on social media at @kingpatentlaw.

Avoid the legal horrors, and keep rocking your IP.

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Julie King

Julie is a licensed patent attorney and the founding attorney at King Patent Law, PLLC, with over 25 years of legal experience. Her practice focuses on intellectual property, business, and estate planning, and she's passionate about helping clients use IP tools to protect and grow their businesses. When she's not helping clients, you can find her at a live rock show, watching a horror movie, or playing the guitar (badly).
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This content is for informational and educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult with a licensed attorney.

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