Whether it’s a ground-breaking product or a smart tweak to your production process, you probably make more patentable inventions than you think. A well-protected invention can be very valuable to your business. Yet many inventors miss this opportunity, because they don’t realise how inventive they are.
The problem-solution approach is a simple step-by-step method to help you decide whether your invention is patentable. Not sure if your invention is worth a patent application? Work through these five steps.
1. Define your invention
Write down clearly what your invention is all about. You should bear in mind that patents are only granted for inventions that solve a technical problem. The starting point is not what can I achieve with it, but how do I achieve it?
For example: you invent a tractor with caterpillar tracks. The caterpillar tracks increase the grip on the land, as a result of which the tractor works better and more efficiently.
2. Determine the prior art
To qualify for a patent, an invention must be both novel and inventive. To judge this, you first need to know what already exists. For tractors, that’s tractors with ordinary tyres.
3. Identify what’s different about your invention
With this step we are able to determine what distinguishes your invention from others. The caterpillar tracks are the innovation vis-à-vis the existing tractors with normal tyres.
4. Explain what problem those differences solve
Here you emphasise the added value of your product. You can do this by simply writing down what problem your invention solves. In the case of the caterpillar tracks: increasing the grip.
5. Ask yourself: would a person skilled in the art solve this problem in the same way?
To judge whether your invention is inventive, patent examiners take on the role of a person skilled in the art. The question is whether that person, using their knowledge of the field and existing technology, would logically arrive at the same invention.
Examiners look not only at your own field, but also at neighbouring fields. Caterpillar tracks are very common on tanks and excavators. If the examiner decides a tractor expert could easily make the link to tanks and excavators, they may refuse the patent.
This creates a grey area. Say you invent a gel saddle for a bicycle. An examiner could argue it isn’t inventive, because gel is already used in horse riding saddles. But a bicycle expert might know nothing about horse riding saddles. A patent attorney can help you make your case.
Patent application
If these steps show your invention is novel and inventive, a patent attorney can help you turn it into a patent application. Protecting it strengthens your competitive position and can bring financial benefits.
Want to try the method? Download our invention form and talk to one of our patent attorneys. Together, we’ll help you get the most out of the know-how in your organisation.
