Quote from barbapappa on August 28, 2019, 6:55 pm

This is what helps me. Maybe it also helps you.

1. Is your invention patentable at all?

First, it must not be excluded from patenting: pure business methods, surgical methods, etc. etc.

Second, it must be novel and inventive over the prior art

2.     Visibility

Can you see from the outside that your competitor actually infringes your patent? Sometimes this is difficult, e.g. if the invention is a software invention.

3.     Infringer test

A patent is never used against your potential customers. Is the invention only infringed by the customer, and not the competitor, then there is a problem.

4.     Design-around test

A patent should protect a choke point, which means a way of doing something the competitor cannot live without. If there are alternatives, the value of the patent is smaller.

5.     The product value test

Does the patent match the product's roadmap? Is the invention a "nice to have" or does it constitute one of the product’s Unique Sales Propositions (USP)?