“What inventions to patent?” is the hardest question in all of the patent universe to answer, especially if you’re on a budget. And everyone has a patent budget, even the multi-trillion dollar companies.
First of all, “What is an invention?”
Per 35 USC §100, the legal definition of an “invention” is an “invention” or “discovery”.
I wish I were kidding.
35 USC §101-103, however, does include the legal requirements of an “invention,” which are:
- A new and useful process, machine, manufacture, or composition of matter,
- An improved and useful process, machine, manufacture, or composition of matter,
- Not being anticipated by the prior art, and
- Not being obvious in view of the prior art.
A practical definition of an invention is a bit more helpful but still imperfect: An invention is a solution to a problem that meets the legal requirements of 35 USC §101-103.
The legal and practical definitions of an invention are nebulous at best, which is why answering “What inventions to patent?” is so hard.
What makes it worse is that you, as an entrepreneur, are left on your own to answer this question. Far too often, entrepreneurs incorrectly answer this question and leave their technology under patent protected. And the consequences can be severe.
An under patent protected technology leaves it open for the taking with little recourse to stop it. With the technology essentially free for the taking, the technology’s value is substantially below what it would be if it were adequately patent protected.
In part 2 of this article, I’ll discuss the approach I use to accurately answer, “What inventions to patent?”
**Please note that this article is not legal advice; it is not a legal opinion; nor should you rely on it as legal advice or as a legal opinion. This article merely expresses the author’s general thoughts on a topic regarding the business of patents. Nothing in this article establishes any form of an attorney-client relationship between you, the reader, and the author of this article.
