In Part 1 of this article, I discussed why answering “What inventions to patent?” is so hard. In this part 2 of the article, I’ll discuss the approach I use to answer this question. I’m sharing this to demonstrate how difficult it is to answer this question correctly and to encourage entrepreneurs to seek professional help in doing so.
The first step is to identify high-level technology areas (which I refer to as Product Tech Units or PTUs) of a product under development. PTUs generally correspond to the unique value propositions of the product, key technological advantages of the product, and/or key marketable features of the product. The first step further includes determining the scope of each PTU, which ranges from architectural level to component level.
The second step is to determine the key technical challenges of each PTU to produce a commercially viable product. The second step further includes determining the scope of each technical challenge, which ranges from high-level to detailed.
The third step is to determine a list of technical problems for each technical challenge. The third step further includes determining the scope of each problem, which also ranges from high-level to detailed.
The fourth step is to determine a list of inventive topics for each problem. The fourth step further includes determining the scope of each inventive topic, which ranges from high-level solution to targeted embodiment.
The fifth step is to repeat steps 1-4 for technical expansion of the initial technology of the initial products. This generally includes determining how the new product(s) affect up, down, and sideways in a supply chain. It also includes determining other markets in which the technology could be used.
The sixth step is to determine a total number of possible inventions from steps 1-5.
The seventh step is to determine a technology timeline that spans from conception to the expiration of the technology. The seventh step further includes determining an inventing timeline based on the technology timeline.
The eighth step is to determine types of inventions and quantities of types of inventions from the total number of inventions. The types of inventions include fundamental, commercially necessary, and commercial expansion. There can be sub-types to each of the three types.
The ninth step is to map the invention types and quantities of invention types to the inventing timeline.
The tenth step is to determine a desired level of patent protection for the technology of the new product. The level of protection corresponds to the desired level of control over who and how the technology can be used in the marketplace.
The eleventh step is to identify inventive topics to patent protect, the type of inventions to patent protect, the corresponding quantities of inventions to patent protect, and the timing of patent protection in accordance with the desired level of patent protection.
The twelfth step is to justify the cost of patenting the inventions identified in step 11.
The actual implementation of each of the above steps is much more complex than the high level description provided. So, again, I encourage entrepreneurs to seek professional help in identifying what inventions they have to patent and whether patenting such inventions provide sufficient value to their business.
*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.
