For a product to be patentable it must include an inventive step. Any innovation must be “non-obvious” to a “person skilled in the art” and more than just a combination of elements existing in other designs.
Designing a patentable product is difficult but it can be made easier by understanding the market, reframing the problem, broad inspiration, good design and working with experts in the field.
1. Understand the Market
A designer should gain a good understanding of the target market, competitors and existing patents.
This allows you to understand the point of view of a “person skilled in the art” and what solutions have already been tried.
Consider what problems remain unsolved, think about this from multiple points of view:
- User: what would a user say are the downsides/issues with the products currently on the market?
- Manufacturer/technical: what are the challenges with making, maintaining or transporting the product?
- Other businesses: is there a “white whale” in the industry, an issue that many have tried and failed to solve?
2. Reframe the problem
You want to look at the problem from multiple angles. Try to simplify it down to the base essentials, or re-phrase it.
Framing the problem differently can spark new ideas.
How to reframe
- Try multiple whys of phrasing the problem: start with a paragraph, then a sentence, then 3 words.
- Swap out words for synonyms.
- Write the problem out using different kinds of language: technical, colloquial, poetic, legal etc.
- Draw out the problem with no words.
- Model the problem physically.
- Simplify the problem by following the chain of needs, eg consider a seatbelt latch: following the chain opens up possibilities beyond latches, belts and sprung catches.
- Consider different configurations: does part A need to attach to part B, or could Part C link the two? Reversing and mirroring the problem can be handy here.
3. Seek broad inspiration
During ideation try to draw on the knowledge of areas outside the sector.
This can allow you to come up with creative outside-the-box ideas that may not have occurred to others in the market.
Sources of inspiration
- Going back to basic mechanical and physical principles, simplify the design down to geometry and forces.
- Other sectors where you have technical experience, eg knowledge of insulation in refrigeration systems being useful for designing furnaces.
- Experiences as a consumer: what other products have faced similar problems?
- Nature: biomimicry has given us some of the most efficient and beautiful designs, tried and tested through evolution.
4. Aim to make a good product not a patentable product
Patents can be valuable but first a product must be good.
There is little point in achieving a patent if no one will buy the product.
Alternatively, if the product is better than anything out there, it will likely be patentable.
Criteria for a good product
- Solves the user’s problem as well or better than other products on the market.
- Is practical to make for a reasonable price: beware of overcomplexity.
- Is something the market will understand the value of, biases may make a solution difficult to market.
5. Work with Patent experts
Work with Patent experts to understand what sort of scope you could expect for your patent.
It is not always obvious to a layman what is most patentable, a weak claim may turn out strong and vice versa.
Work with designers, engineers and most essentially patent lawyers who understand the system and can advise you.
Seek advice early and regularly during development.
Stakeholders to involve
- Designers/manufacturers/engineers: to ensure your invention is producible.
- Safety experts: to ensure your invention will be legal and ethical to sell.
- Sales/Marketing: to ensure you can hit the correct price point.