A patent requires an invention to meet 3 criteria, novel, non-obvious and useful, and the novelty test fails if anyone has previously disclosed or developed the same invention. Chapter 3 of my book Invent It and Be Your Own Boss sets out 5 checks for whether an idea is original: talk with peers, test the idea across disciplines, validate it with customers before a large investment, judge whether it will last, and search the intellectual property records.
What Chapter 3 Counts as Original
Chapter 3 defines an original idea by 3 outcomes: a fresh take, a new solution, or a new way to tackle a problem. An original idea can also combine 2 or more existing elements. The book’s example is U.S. patent 8965032 B2, which integrates audio wiring into clothing: audio wiring and apparel both existed, and the combination was new enough to be granted. My own Plasma Air Purifier, patent 10881757, is the same kind of case, where Chapter 4 describes elements that are individually known and an arrangement that made the 1 device patentable.
Check 1: Talk With Peers
Check 1 is a conversation with friends and family about the idea, to see whether the concept draws enthusiastic support or useful criticism. Chapter 1 sets the limit on this step: public disclosure before filing can disqualify an invention, and disclosure longer than 1 year before filing can cost the patent. Chapter 1 also says to keep the invention secret until a patent application is filed, and names the people who sign non-disclosure agreements (NDAs): potential partners, manufacturers and investors, and patent attorneys and subcontractors during prototyping.
Check 2: Test the Idea Across Disciplines
Check 2 asks whether the idea applies beyond its first field. Chapter 3 gives 1 example: an innovation in biotechnology that also finds applications in environmental science, healthcare or the food industry. An idea that solves problems in more than 1 discipline validates its originality and widens its market.
Check 3: Validate With Customers Before a Large Investment
Check 3 is the lean startup approach: validate the concept with in-depth interviews and surveys before a substantial investment, and reassess every assumption the interviews contradict. Chapter 3 pairs it with prototyping. Chapter 3 cites reports that credit Thomas Edison with thousands of prototypes before the final light bulb, and my own products went through multiple modifications, with each version improving on the one before. In Chapter 3, a design flaw that looks minor on paper, or a small inconvenience to the user, grows in practical use, and the prototype is where it gets found and corrected. In 2011 I found that the near-infrared saunas of the time used heavy wooden light panels and canvas covers that did not retain heat; the canvas wrinkled, shrank and sagged after washing, and I changed the bubble size of a foil insulation panel to raise its value from R4.5 to R15.
Check 4: Judge Whether the Idea Will Last
Check 4 asks whether the idea will stay relevant after it reaches the market. Chapter 3 names 2 inventions that passed this test, the light bulb and the telephone, which stayed in use and adapted over decades. Chapter 5 sets the patent terms: a utility patent runs 20 years from its filing date and a design patent 15 years from its grant, and Chapter 6 adds maintenance fees at set intervals to keep a granted patent active.
Check 5: Search the Intellectual Property Records
Check 5 searches 3 kinds of records: patents, copyrights and trademarks. Chapter 3 calls this search crucial to ensure an idea is truly original and unclaimed, and Chapter 1 recommends a patent search professional or a patent attorney for a comprehensive prior art search and a patentability evaluation. Chapter 3 also records my own early mistake: I skipped a comprehensive patent search for budget reasons, invested significant time and resources in development, and found at the utility patent stage that similar ideas were already patented. Chapter 4 adds 3 screening questions to apply to the search results: is the idea genuinely novel or built on an existing concept, does it involve a unique combination, problem-solving approach or mechanism, and would it surprise a skilled person in the field?
Recording the 5 Checks
Chapter 1 recommends an inventor’s notebook with sketches, prototypes and every change, because those records serve as evidence of conception and progression. The Invent It Action Workbook gives the 5 checks their own pages: Section 3 holds customer need and focus group notes with 3 deep interview cards and a log, Section 5 covers originality and prior art research with a research log, Section 6 is a patentability self-check, and Bonus Tool 4 is a prior art search log.
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This article is for educational purposes only.
