BEFORE STARING THE PATENT PROCESS, WRITE ONE OR MORE PROBLEM SOLVING STATEMENTS TO IDENTIFY THE CORE INVENTIVE CONCEPT OF THE INVENTION
WHAT IS A PROBLEM SOLVING STATEMENT?
Mr. Ronald Slusky, in his book entitled Invention Analysis and Claiming (published by American Bar Association) states that the role of a patent attorney is to identify the ‘inventive concept’ of an underlying invention so that the patent application protects more than a specific prototype or embodiment of the invention and encompasses all alternative designs that incorporate the ‘inventive concept’. A problem solving statement (PSS) should be in the following form: ‘The problem(s) of ________ is (are) solved by ________.’
We believe the inventor is the most important resource for the patent attorney. When the inventor is asked to write a Problem Solving Statement, the patent attorney will have a better understand what the inventor believes to be the invention.
Often, the Problem Solving Statement needs to be revised several times by the inventor and the patent attorney until the invention’s ‘inventive concept’ is identified.
Using a Problem Solving Statement also helps the patent attorney identify the invention’s fall back features (cited in dependent claims) and develop overall claims that protects the invention against infringement and protects the invention against future technological advancements.