The Petrifying Patent Peril of Weak Patent Claims

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.