5.5 THE SECOND LAW OF INVENTING
The second law of inventing, which we refer to as the “invention process law,” summarizes the steps one must take for creating a patentable invention. The following equation defines the two steps on the road to patent:
where I is invention, C is conception, and Rp is reduction to practice. In other words, the inventor first recognizes a need (C) and then proceeds to fill it (Rp). We will now discuss these concepts.
5.5.1 Conception
In 1987, a federal court defined conception:
The conception of the invention consists of the complete performance of the mental part of the inventive act. All that remains to be accomplished … belongs to the department of construction not invention. It is, therefore, the formation in the mind of the inventor …of the complete and operative invention … .
The first sentence beautifully states the essence of conception, the complete mental visualization of the invention. However, in light of the modern world of inventing, the rest of the quote is somewhat obsolete. In contemporary institutions, both industrial and academic, research (“invention”) and development (“department of construction”) are intimately coupled. It is often difficult, if not impossible, to separate research and development. And inventions often originate during development.
Figure 5.5 Conception—it begins with an abstract idea.
Conception (see Figure ...
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