As a patent attorney, one of the most frustrating experiences is
seeing a client lose potential rights because they do not recognise
they have something patentable.
Most potential patentees understand that the invention must be
novel and inventive to be patentable. Therefore, when they develop
a new product or process which uses something which is previously
known, often this is dismissed as being unpatentable. However,
under certain circumstances, good experimental design along with
appropriately drafted patent specifications can produce strong
commercially effective patents.
Some ways that this can be done are listed below.
Selection Inventions
This is a term that is often applied when there has been prior
disclosure of the subject matter in general terms, but not of the
specific subject matter in the patent claims. While normally
attributed to chemical patents, the broad principles can be applied
to any subject matter – provided there is
