How to Invent and Protect Your Invention: A Guide to Patents for Scientists and Engineers

11.2 ASSESSMENT

While essentially all inventions are valuable for the progress of science, engineering, and technology, not all inventions can be translated into commercially viable products or services. Because patenting is expensive and time-intensive, an invention that cannot be turned into a saleable product or service should not be patented. Inventors should consider the following major factors before moving forward with a patent application: (1) technology validation, (2) ability to protect the technology by patent or some other form of intellectual property, and (3) commercial viability or marketing considerations. These factors, discussed below, can be explored simultaneously. The absence of even one of them should make inventors leery of the wisdom of patenting.

11.2.1 Technology Validation

Technology validation requires an inventor to explore the soundness of prior experiments and to replicate past experimental results. Validation can be performed by the inventor himself or by external groups under Non-Disclosure Agreements (discussed below) if the invention has not yet been patented. In addition to merely replicating prior experiments or testing an invention in a laboratory, technology validation should include additional experimentation under a wide variety of conditions and developing a best mode for disclosure in a future patent application. It could also include optimizing the manufacturing procedure—that is, seeing if the product of the invention can be created ...