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.
In this episode, hosts Samar Shah and Jamie Brophy tackle a question every inventor faces: What’s the difference between an idea and an invention—and when is it ready for a patent?
What you’ll learn in this episode:
Why ideas aren’t patentable—but inventions are.
Patents don’t protect vague concepts or “what ifs.” They require concrete details. Samar and Jamie explain the legal and practical reasons behind this rule and why it matters for inventors.
The key concept of “reduction to practice.”
Turning an idea into an invention means more than sketching a lightbulb moment. You’ll learn how prototypes, engineering drawings, and technical details shift your concept into patentable territory.
The role of enablement.
The law requires that someone “skilled in the art” could make and use your invention based on your disclosure. The hosts unpack this standard in plain English and show what’s “enough detail” to cross the line.
Examples that bring the concept to life.
From da Vinci’s flying machines to the Wright brothers’ airplane, and from “a toothbrush that cleans teeth by itself” to actual electric toothbrushes—you’ll see how history and modern examples illustrate the fine line between idea and invention.
When to file a provisional patent application.
Filing too early leaves you vulnerable; filing too late means lost protection. Samar and Jamie share practical guidance on when inventors should take the provisional step.
Common mistakes inventors make.
From filing on vague “room-cleaning robots” to skipping critical details like power, tolerances, or mechanisms, the hosts break down the errors that cost inventors valuable protection.
Why this matters:
The difference between an idea and an invention determines whether your patent application gets granted—or rejected. Understanding this distinction can save you thousands in wasted filings and put you on the right path to protecting your IP.
This episode is designed to simplify complex patent law concepts into practical, real-world advice that every independent inventor, startup founder, and entrepreneur can use.
Chapter 1: Introduction & Why This Matters
Hosts Samar Shah and Jamie Brophy set the stage by clarifying why the idea vs. invention distinction is critical—not just wordplay, but a legal dividing line that determines patentability.
Chapter 2: Why Ideas Aren’t Patentable
Explore the legal rules that exclude vague concepts and “what ifs” from patent protection.
Chapter 3: Reduction to Practice
Understand the crucial step that turns a brainstorm into a patentable invention, whether on paper or in prototype form.
Chapter 4: Historical Example
From Leonardo da Vinci’s early flying sketches to the Wright brothers’ functioning airplane, see how abstract ideas become protectable inventions.
Chapter 5: Modern Example: The Toothbrush
A relatable case study on how an “automatic tooth-cleaning device” moves from abstract concept to concrete, patent-ready invention.
Chapter 6: Enablement Standard
Break down the requirement that someone “skilled in the art” must be able to build your invention from your patent disclosure.
Chapter 7: Provisional Filing Timing
Learn when to take the provisional step, balancing risk of filing too early vs. too late.
Chapter 8: Common Mistakes Inventors Make
From filing on vague robots to skipping key parameters like power ranges, discover pitfalls that weaken protection.
Chapter 9: Practical Takeaways
Samar and Jamie share real-world advice for inventors and founders on how to avoid wasted filings and protect innovation strategically.
Chapter 10: Conclusion & Disclaimer
Final reflections, a call for listener questions, and a reminder that the episode is educational—not legal advice.
Join hosts Samar Shah and Jamie Brophy as they dive into the world of patents with expert paralegal Hastings Galloway. Discover the essential role of a patent paralegal, the importance of attention to detail, and the intricacies of patent law. Hastings shares her journey from hospitality to patent law, offering insights into the daily responsibilities and challenges faced by paralegals. Learn how effective communication with your paralegal can lead to successful patent applications and avoid costly mistakes.
00:00 Introduction and Welcome
00:15 Meet Our Special Guest: Hastings Galloway
01:30 Hastings' Journey into Patent Law
03:51 Key Traits of a Successful Patent Paralegal
06:48 A Day in the Life of a Patent Paralegal
10:15 Importance of Accurate Information and Formal Documents
23:29 Post-Allowance Checklist and Final Thoughts
29:01 Conclusion and Farewell
Key Takeaways:
The critical role of attention to detail in patent law. How to effectively communicate with your patent paralegal. The importance of accurate documentation and timely submissions.
Guest: Hastings Galloway, Patent Paralegal
Hosts: Samar Shah and Jamie Brophy
Subscribe now to stay updated on the latest episodes and insights from the world of patents.
Summary
In this episode, an M&A advisor and business broker, Jason Brown talks with Samar Shah about preparing a startup for a successful exit. He emphasizes the importance of having a clear vision and exit plan from the beginning, including various scenarios. He also discusses the benefits of inorganic growth through acquisitions and the need to build a strong team that can operate independently from the founder. Brown highlights the value of understanding the buyer's perspective and de-risking the business to maximize its value.
Takeaways
Have a clear vision and exit plan for your startup from the beginning, including various scenarios.
Consider inorganic growth through acquisitions as a means of entering a market, generating cash flow, and leveraging existing customer relationships.
Build a strong team that can operate independently from the founder, ensuring consistency in messaging and customer experience.
Think from the buyer's perspective and de-risk your business by addressing potential challenges and building value that the buyer doesn't have to create.
Invest in yourself and continue to develop your skills and mindset as a founder to drive the success of your venture.
Chapters
00:00 Introduction and Legal Matters
02:02 The Importance of a Clear Vision and Exit Plan
05:49 Inorganic Growth through Acquisitions
10:56 Building a Strong and Independent Team
13:47 Thinking from the Buyer's Perspective
Summary
In this episode, the hosts discuss the different types of rejections that can be issued by the Patent Office when filing a patent application. They focus on 102 rejections, which are based on prior art, and 103 rejections, which are based on obviousness. They explain the timing of responding to rejections and the options for overcoming them, including amending the claims and making arguments based on the prior art. They also highlight the importance of carefully considering the prosecution history and avoiding creating a messy trail. Overall, they provide a helpful overview of the process of responding to rejections. The content of this podcast should not be interpreted as legal advice. All thoughts and opinions expressed herein are only those from which they came.
Takeaways
The Patent Office can issue various rejections when filing a patent application.
102 rejections are based on prior art, while 103 rejections are based on obviousness.
When responding to rejections, it is important to carefully review the references cited and consider amending the claims.
Arguments based on the prior art should be supported by evidence and should be carefully considered to avoid creating a messy prosecution history.
The timing of responding to rejections is typically three months, with the possibility of extensions.
Chapters
00:00 Introduction and Overview
03:20 Types of Rejections
10:50 Timing of Responding to Rejections
15:04 Responding to 102 Rejections
29:27 Avoiding a Messy Prosecution History
35:06 Conclusion
Summary
In this episode, Samar and Jamie discuss various resources for independent inventors. They highlight the United States Patent and Trademark Office (USPTO) website as a top resource, which provides information on patent basics, patent scams, and free services offered by the Patent Office. They also mention the Inventor Assistance Center and the Pro Bono Program, which are available through the USPTO. Other resources discussed include search tools like patents.google.com, PQ AI, Pantzilla, WIPO, and the European Patent Office. They also mention local inventor groups and inventor clubs, law schools and nonprofits that help inventors, and the book 'One Simple Idea' by Stephen Key as a great resource for patent licensing.
Takeaways
The USPTO website is a valuable resource for independent inventors. It provides information on patent basics, scams, and free services.
Search tools like patents.google.com, PQ AI, Pantzilla, WIPO, and the European Patent Office can help with patent searches.
Local inventor groups and clubs offer a supportive community and access to experienced inventors.
Law schools and nonprofits can provide pro bono assistance to inventors.
The book 'One Simple Idea' by Stephen Key is recommended for those interested in patent licensing.
Chapters
00:00 Introduction and Purpose of the Episode
01:24 Top Resources for Independent Inventors
05:37 Useful Patent Search Tools
10:21 Joining Inventor Groups and Clubs
13:39 Pro Bono Assistance from Law Schools and Nonprofits
15:07 Recommended Book for Patent Licensing
Resources
https://www.uspto.gov/
https://www.uspto.gov/learning-and-resources/inventors-entrepreneurs-resources
https://www.uspto.gov/learning-and-resources/official-gazette/official-gazette-patents
https://www.uspto.gov/patents/basics/using-legal-services/pro-bono/patent-pro-bono-program
https://patents.google.com/
https://projectpq.ai/
https://docs.ip-tools.org/patzilla/
https://www.wipo.int/patentscope/en/
https://www.epo.org/en/searching-for-patents/technical/espacenet
https://inventleader.org/inventor-groups/
https://inventright.com/books/one-simple-idea/
Summary
The conversation discusses New Year's resolutions for inventors with regards to the patent process. The main theme is taking advantage of the one-year timeframe while the provisional application is pending. This includes developing the invention, finding manufacturers or potential licensees, and determining a plan for monetizing the invention. The conversation also emphasizes the importance of having a strategy and an end goal in mind to maximize the value of the patent. Other resolutions mentioned include not arguing with examiners and improving time management by responding to patent professionals in a timely manner.
Takeaways
Take advantage of the one-year timeframe while the provisional application is pending to develop the invention and determine a plan for monetizing it.
Have a strategy and an end goal in mind to maximize the value of the patent.
Avoid arguing with examiners and instead engage in productive dialogue to reach a resolution.
Improve time management by responding to patent professionals in a timely manner.
Chapters
00:00 Introduction and New Year's Resolutions
01:21 Maximizing the One-Year Timeframe
06:07 Consequences of Not Taking Advantage of the One-Year Timeframe
10:17 Productive Dialogue with Examiners
13:03 Improving Time Management
15:25 Conclusion
In this episode, Jamie and Samar interview Peter Drakulich, co-founder of 52 Launch, a company that helps individuals bring product ideas to market. They discuss the journey of bringing product ideas to market, emphasizing the interplay of patents and market disclosure, comprehensive support services, and the value of leveraging platforms like Amazon and social media for successful product launches. They also highlight the challenges faced by independent inventors and the iterative process of product development based on consumer feedback. Tune in for expert business advice and to hear about the host of resources 52 Launch can provide.
Takeaways:
Evaluate market validation: identify a problem and offer a solution.
Value iterative product development.
Utilize platform opportunities like social media and Amazon.
Understand manufacturing strategy.
Commit fully or not at all.
Patent protection should work in tandem with your marketing strategy.
Analyze where your competition lacks and capitalize on that.
In this episode, Samar and Jamie delve into the different types of patent applications, and the key information to remember for each one. There are 3 main types of applications -- design, utility, and plant. For utility patents, you may file a provisional or a non-provisional application as well. PCT applications make it possible to apply for a patent in numerous countries. Learn more about the qualifications, deadlines, and costs for each one!
In this episode of Patent Pending Made Simple, Jaime and Samar tell you what a notice of allowance is, how it should be treated, and what you need to do after receiving one.
Summary
In this episode, the hosts discuss what to do after receiving a notice of allowance on a patent application. They explain a notice of allowance and how long it typically takes to receive one. They emphasize the importance of reviewing the notice of allowance and any examiner's amendments and paying the issue fee. They also discuss the duty of disclosure, the need to file an information disclosure statement (IDS), and a request for continued examination (RCE) if new relevant references are discovered. The hosts also recommend considering filing a continuation application and discussing the timeline for patent issuance. They mention the importance of patent marking and needing maintenance fees to keep the patent in force. The episode concludes with a reminder that the podcast does not provide legal advice.
Takeaways
Review the notice of allowance and any examiner's amendments carefully
Pay the issue fee to move forward with the patent application
Disclose any new relevant references through an information disclosure statement (IDS) and a request for continued examination (RCE)
Consider filing a continuation application to capture different claim scopes
Be aware of the timeline for patent issuance and the need to pay maintenance fees
Mark the product as patented to access certain types of damages
Remember that the podcast does not provide legal advice
Chapters
00:00 Introduction and Overview
00:20 Explanation of Notice of Allowance
01:33 Timeline for Receiving a Notice of Allowance
03:27 What to Do After Receiving a Notice of Allowance
04:43 Duty of Disclosure and Information Disclosure Statement (IDS)
06:06 Importance of Meeting Duty of Disclosure
07:18 Request for Continued Examination (RCE)
08:09 Considerations for Filing a Continuation Application
10:08 Timeline for Patent Issuance
11:22 Importance of Filing a Continuation Application
13:48 Patent Marking and Maintenance Fees
16:22 Conclusion and Disclaimer
In this Patent Pending Made Simple episode, Jaime and Samar debate whether to amend claims or argue against rejections in a patent application. It is common to receive rejections in the patent process, but determining whether or not you should fight those rejections or amend claims in your application is a difficult dance. Listen in to get some insights into your potential options.
Summary
The conversation discusses the decision-making process of whether to amend claims or argue against rejections in a patent application. The main factors to consider are the legal doctrines of prosecution history estoppel and doctrine of equivalence, the likelihood of competitors practicing the added feature, the strength of the argument, the examiner's disposition, and the overall strategy of the prosecution. The conversation also touches on the option of filing an appeal and the potential timeline and costs associated with it.
Takeaways
When deciding whether to amend claims or argue against rejections, consider the likelihood of competitors practicing the added feature.
The strength of the argument and the examiner's disposition are important factors to consider.
Filing an appeal may be necessary if the examiner is unreasonable or unwilling to listen to arguments.
The appeal process can take time, but it can also be a cost-effective option.
Setting realistic expectations of multiple rounds of rejections can help manage the budget.
Chapters
00:00 Introduction and Topic Introduction
00:58 Receiving a Rejection and Considering Amendments vs. Arguments
09:03 Considering Competitor Practices in Decision-Making
13:25 The Importance of Strong Arguments and Examiner Disposition
22:44 Managing Expectations and Budget in Patent Prosecution
25:57 Conclusion
Who is an inventor when it comes to a patent? Can there be multiple inventors? What rights do they have? These questions will be answered in this insightful episode of Patent Pending Made Simple, where our hosts, Jamie Brophy and Samar Shah, delve into the intricacies of inventorship claims and their implications in the realm of patent applications and legal protections.
Summary
In this episode, Jamie Brophy and Samar Shah discuss the topic of inventorship. They explain that an inventor is anyone who helped come up with the idea behind a patent and, specifically, anyone who helped come up with the idea written in the claims. They also discuss the importance of understanding inventorship from a legal perspective, as the person who came up with the invention is presumed to have ownership of the invention. They highlight the need to carefully review employment agreements, as many of them state that any inventions made during the course of employment belong to the company. They also discuss the complexities of determining inventorship and the importance of including all potential inventors to avoid future legal issues. Finally, they mention the additional obligations and paperwork that arise when multiple inventors are involved.
Takeaways
An inventor is anyone who helped develop the idea behind a patent, specifically the idea written in the claims.
Understanding inventorship from a legal perspective is important, as the person who invented the invention is presumed to own it.
Employment agreements often state that any inventions made during the course of employment belong to the company, so it is important to review these agreements carefully.
Including all potential inventors is recommended to avoid future legal issues and ensure the patent's validity.
When there are multiple inventors, additional obligations and paperwork regarding ownership may arise.
Chapters
00:00 Understanding Inventorship
02:28 Ownership of Inventions in Different Countries
03:54 Importance of Determining Co-Inventors' Responsibilities
06:44 Analyzing Inventorship on a Claim-by-Claim Basis
10:33 Including Potential Inventors to Avoid Legal Issues
13:23 Additional Obligations and Paperwork with Multiple Inventors
What are the key differences between a patent attorney and a patent agent?
In this episode, Jamie and Samar dispel the myths surrounding patent attorneys and patent agents. They specify the qualifications a patent attorney and patent agent must have and what actions fall under their jurisdictions, respectively.
Takeaways:
Both patent attorneys and agents are required to take the patent bar exam, which qualifies them to represent people in front of the USPTO. Patent agents are restricted strictly to the legal representation of clients in front of the patent office. However, patent attorneys can operate anywhere the law and the patent office intersect. Regarding more complex legal consultations that are not confined to the patent office, an attorney is often better equipped to handle them. Generally, attorneys charge more than agents, but this varies depending on the agent's or attorney's experience and market.
Timestamps:
0:00 - Introduction
2:11 - How do patent agents get registration numbers?
2:49 - Patent bar exams
4:00 - Qualifications to take the exam
4:45 - What can agents and attorneys do and not do?
5:50 - Cost differences
6:56 - Appeal Briefs
7:49 - At what stage do you need to get an attorney?
8:50 - Closing thoughts
In this episode of Patent Pending Made Simple, Jamie and Samar talk about the ins and outs of prototyping and whether you should have one before filing your patent application. They discuss the costs of prototyping, how it can help you in the product development process, and what you should consider before prototyping your invention.
Summary
The conversation discusses whether a prototype is necessary before filing a patent application. It is clarified that there is no legal requirement to have a prototype before filing a patent application as long as the invention is described in sufficient detail. However, prototyping can be beneficial in working out kinks in the invention and discovering potential changes that may need to be made. The decision of whether to prototype before filing a patent application depends on factors such as comfort level, cost, goals, and the nature of the invention.
Takeaways
There is no legal requirement to have a prototype before filing a patent application.
Prototyping can help work out kinks in the invention and discover potential changes.
The decision of whether to prototype before filing a patent application depends on factors such as comfort level, cost, goals, and the nature of the invention.
Chapters
00:00 Introduction and Background
03:49 Is a Prototype Necessary Before Filing a Patent Application?
07:34 The Benefits of Prototyping in the Patent Process
10:17 Factors to Consider When Deciding to Prototype Before Filing a Patent Application
In this episode of Patent Pending Made Simple, Jamie and Samar interview Stephen Key, one of the foremost experts in the world of patent licensing. They discuss the patent licensing process, the role of a provisional patent application in that process, steps to bringing an idea to market, prototyping, prior art searches, and so much more!
Summary
Stephen Key, a patent licensing expert, shares his insights on how to protect and commercialize ideas. He emphasizes the importance of focusing on the benefits of an idea rather than just the features. Key recommends starting with a Google search to see if the idea already exists and then reaching out to companies that may be interested in licensing the idea. He suggests using tools like provisional patent applications, sell sheets, and videos to test the market interest before investing in prototypes. Key also discusses the importance of teamwork with patent attorneys and agents to create a valuable patent.
Takeaways
Focus on the benefits of an idea rather than just the features.
Start with a Google search to see if the idea already exists.
Reach out to companies that may be interested in licensing the idea.
Use tools like provisional patent applications, sell sheets, and videos to test market interest before investing in prototypes.
Work with patent attorneys and agents as a team to create a valuable patent.
00:00 Welcome to the Patent Pending Made Simple Podcast
00:15 Introducing Stephen Key: The Patent Licensing Expert
00:48 Stephen's Journey: From Ideas to Innovation
03:16 Demystifying the Patent Process for Inventors
04:35 The Initial Steps of Bringing an Idea to Market
07:12 Licensing Ideas: Stephen's Strategy for Success
08:42 Prototyping and Testing: Essential Steps Before Patenting
11:38 The Power of Provisional Patent Applications
14:05 Testing Your Invention in the Real World
17:17 Stephen's Advice on Prototyping and Filing for Patents
19:55 Navigating Patent Applications: Insights and Strategies
20:40 The Importance of Matching Claims with Business Objectives
22:10 Leveraging Patents as Negotiation Tools
23:29 Crafting Patents with Manufacturing and Detail in Mind
27:01 The Role of Prior Art in Shaping Patent Strategy
27:28 Building a Strong Team Beyond the Patent
28:28 A Real-World Example: Overcoming Prior Art Challenges
33:32 The Art of Patent Writing: A Collaborative Approach
36:55 Closing Thoughts and Appreciation
What is the difference between a patent and a license?
In this episode, Jamie and Samar discuss the differences between a patent and a license. Topics include:
Timestamps:
0:00 - Introduction
2:30 - Do you need an issued patent to get a licensing deal?
5:15 - Overcoming inventor fears about licensing
7:00 - Defining what a license agreement is
10:30 - Exclusive vs. non-exclusive licensing
12:45 - Typical licensing payment structures
15:00 - Finding potential licensing partners (teaser for future episode)
17:30 - Writing patents with licensing in mind
