There are great resources available online today which describe the content of a patent application. Are you still unsure of how to apply it to your situation? At the core of any patent application is a problem that needs a solution. The solution to that problem is the focus of the patent application. It sounds like a simple task to identify the technical problem – technical solution.

Do not fall into the trap of a cursory handling of your technical problem. It is tempting to focus on the benefits or the end result of an idea. It is tempting to focus on a business or project goal.  My recommendation is to go back and describe why you started. Describe what you needed to learn.  Do not leave out the details you may consider as something that ‘everyone should know’.  You are building the foundation of your patent application.  A patent application needs a technical problem-technical solution foundation.

A well defined technical problem leads to a well defined technical solution. The well defined technical solution leads to the claim structure of a patent application. Refine the claim structure by comparing it to the prior art for the technical problem.

What was it that caused you to make a change or create something new? One option is to use the five-whys technique to peel back the core technical problem.

What did you change that helped move the work forward?  Did that modification prove to be better, worse or just different?  Did you have to choose between different options? Was either of the options viable? If you did not choose one option, why not?

You have had many starts and stops in your project. Discuss how you (one of skill in the art) planned to achieve an outcome. If the results turn out unexpectedly different, that is a fascinating outcome. For your patent application, unexpected results are important to know and discuss.

Form a strong foundation for your patent application. Define the technical problem. Define the technical solution. Document your journey.

Need help? I can help you.

Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from LRGrunzinger Law Office or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

One thought on “Technical Problem – Technical Solution

Comments are closed.