Turning innovations into gold: how to navigate the hidden art of patent mining in engineering
In the dynamic world of engineering, solving problems is an art, but the real magic happens when those solutions turn into patents. Forget what you thought you knew—engineers, meet patent mining. It's not just about solving problems; it's about creating a monopoly for your design. In this blog post, I reveal the secrets of patent portfolio building, from vertical engineering mindsets to the horizontal view of patent creation. Get ready to see how to transform problem-solving into patented gold!
One Innovation = One or More Patents?
In the realm of engineering, the essence lies in problem-solving—a journey from concept to creation, from the top of the hill to the valley. Imagine engineers, or a collective force of them, embarking on the task of designing something. This ‘something’ unfolds as a series of subproblems — A, B, C, D, E, and F — that demand meticulous solutions. Countless manhours are invested in conquering each problem until the envisioned product takes shape.
The climax of this creative odyssey is reached when it's time to secure the design by filing a patent. However, a common misconception prevails among engineers — believing that the entire solution from A to F constitutes “the patent”. The reality, however, is nuanced; the devil resides in the details. The design often comprises multiple patents, intricately linked to specific subproblems A-F.
Engineering Mindset vs Patent Creation Mindset
I often emphasize that patent creation and engineering operate with distinct, almost orthogonal, mindsets. While engineering is a “vertical mindset”, patent creation requires a “horizontal mindset”. Let me elaborate.
Imagine the engineering problem as a descent from the hill to the valley, overcoming problems A to F along the way. Each solution becomes a turn around a respective problem. Looking back from the valley to the hill, it's tempting to see all these turns combined as the patent. While all turns combined might be novel and inventive, the importance is the business aspects of the patent.
A patent's ultimate goal is to secure a monopoly right to your design, offering a competitive edge in the market. Consider this: If you obtain a patent covering all the elegant turns around problems A-F, a competitor could mimic your steps A-E but take a different route around F without infringing on your patent.
What is “Thinking Horizontally” in Engineering?
This brings us to the heart of patent mining and creation — thinking horizontally. For each problem on the journey from hill to valley, contemplate problems A, B, C, D, E, and F individually. Can each of them be novel and inventive on its own? What is the broadest protection you can establish for each problem? Can you protect a solution that covers both “left turns” and “right turns” around, say, problem B and D?
In my conversations with engineers not accustomed to thinking in the patent dimension, the tendency to get stuck in the details is common. Take a very simple memory-related problem, for instance. Instead of fixating on the exact number of data points to store and analyze (say 42 data points, which may be the best design choice for this subproblem), while from a patent perspective it may be storing and analyzing a set of data points that is the key. The exact number 42 is just an example; a competitor may accept 41 or 43 and get almost the same result. This shift in perspective ensures broader patent coverage, keeping the competitor out from this part of the solution.
To sum up, your checklist for patent mining and for turning your innovations into patented gold:
Identify each subproblem: A, B, C, D, E, F.
Assess novelty: Can each subproblem be patented on its own?
Determine broad protection: How can you secure the most comprehensive coverage?
The key takeaway is clear: when mining for patents, tweak your mindset. Search for solutions on a conceptual level—a horizontal approach covering various detailed solutions to each of the subproblems in the set of problems solved being your product.
