How to create the perfect invention disclosure for a software patent (Bastian Best, 14 July 2021)

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I recently gave a workshop for one of the large German automotive suppliers on how they can help their developers produce better invention disclosures for their software-based, digital, and increasingly virtual inventions. This presentation compiles my top tips. For more: https://bastianbest.de/free/

Technology

Patents for
the digital
future
BESTPATENT
Brought to you by Bastian Best Patentanwalt www.bestpatent.eu
European Patent Attorney bastian@bestpatent.eu
Let‘s create awesome
software patents together!
In-house inventor training
16 July 2021

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BESTPATENT
Before we begin…

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BESTPATENT
Source: EPO website “Fourth Industrial Revolution”

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WHY PATENTS?
Monopoly vs. public disclosure

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5
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European Patent Attorney bastian@bestpatent.eu
BESTPATENT
INVENTION
FILING
DATE
T=0
PUBLI-
CATION
18m
PROSECUTION PATENT LIFETIME
PATENT
GRANTED
2-5y
PATENT
EXPIRED
20y
PUBLIC
DOMAIN

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future
6
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BESTPATENT
1. How the European Patent Office treats
software patents
2. How to write the perfect invention
disclosure for a software invention

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future
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BESTPATENT
1. How the EPO treats
software patents

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future
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European Patent Attorney bastian@bestpatent.eu
BESTPATENT
INVENTION
OBVIOUS?
PRIOR ART
(EVERYTHING ALREADY
KNOWN SOMEWHERE
IN THE WORLD)
NON-TECHNICAL
DIFFERENCE
TECHNICAL
DIFFERENCE
NON-TECHNICAL
DIFFERENCE
TECHNICAL
DIFFERENCE

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future
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BESTPATENT
EUROPEAN PATENTS FOR SOFTWARE?
YES, if there‘s an inventive
technical contribution.

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future
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European Patent Attorney bastian@bestpatent.eu
BESTPATENT
CONTROL QUESTION
Does it solve a technical
problem?

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European Patent Attorney bastian@bestpatent.eu
BESTPATENT
TECHNICAL NON-TECHNICAL
- Controlling a technical system or process
(self-driving cars, drones, robotics, automation)
- Image processing (face recognition, medical
analysis), language processing (voice
assistants, machine translation, NPL)
- Data coding (error correction, compression)
- Cryptography (encrypting, decrypting, signing of
messages)
- Mathematic methods
- Business methods
- Core AI/ML
- Text classification
- Purely virtual simulations

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BESTPATENT
2. How to write the perfect
invention disclosure for a
software invention

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future
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European Patent Attorney bastian@bestpatent.eu
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GENERAL TIPS
- Don’t try to write a patent. Write in plain
technical language. No “legalese”.
- Avoid company-internal slang. Use common
terminology.
- Don’t try to make it sound physical if it isn’t.
Explain the function, its interactions and its
effects.

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future
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European Patent Attorney bastian@bestpatent.eu
BESTPATENT
WRITE AN ELEVATOR PITCH
“In the field of <…>, it is
common to <…>. But the
problem is that <…>. The
invention solves this by <…>*.”
* High-level, mostly functional explanation of the inventive concept
which covers all specific facets of its preferred realizations.

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European Patent Attorney bastian@bestpatent.eu
BESTPATENT
THE INVENTIVE PRINCIPLE
- Which technical problems does the
invention solve?
- How does the invention solve these
problems?
- Why is that better than the prior art?
- Why is the solution uncommon/surprising?

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European Patent Attorney bastian@bestpatent.eu
BESTPATENT
THE CONCRETE REALIZATION
- How can the invention be put into practice?
- One complete “walkthrough” with a concrete
example
- Possible workarounds?

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future
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BESTPATENT
THE TECHNICAL EFFECTS / GENERAL BENEFITS
- Any conceivable technical applications / use
cases
- Any technical considerations about the
hardware
- What’s the overall competitive advantage?

Patents for
the digital
future
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European Patent Attorney bastian@bestpatent.eu
BESTPATENT
THE INVENTION HIERARCHY
- Known, but necessary features
- Unique and necessary invention features
(minimum viable conceptual model)
- Unique but optional invention features

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How to create the perfect invention disclosure for a software patent (Bastian Best, 14 July 2021)

1. Patents for the digital future BESTPATENT Brought to you by Bastian Best Patentanwalt www.bestpatent.eu European Patent Attorney bastian@bestpatent.eu Let‘s create awesome software patents together! In-house inventor training 16 July 2021

2. Patents for the digital future 2 Brought to you by Bastian Best Patentanwalt www.bestpatent.eu European Patent Attorney bastian@bestpatent.eu BESTPATENT Before we begin…

3. Patents for the digital future 3 Brought to you by Bastian Best Patentanwalt www.bestpatent.eu European Patent Attorney bastian@bestpatent.eu BESTPATENT Source: EPO website “Fourth Industrial Revolution”

4. Patents for the digital future 4 Brought to you by Bastian Best Patentanwalt www.bestpatent.eu European Patent Attorney bastian@bestpatent.eu BESTPATENT WHY PATENTS? Monopoly vs. public disclosure

5. Patents for the digital future 5 Brought to you by Bastian Best Patentanwalt www.bestpatent.eu European Patent Attorney bastian@bestpatent.eu BESTPATENT INVENTION FILING DATE T=0 PUBLI- CATION 18m PROSECUTION PATENT LIFETIME PATENT GRANTED 2-5y PATENT EXPIRED 20y PUBLIC DOMAIN

6. Patents for the digital future 6 Brought to you by Bastian Best Patentanwalt www.bestpatent.eu European Patent Attorney bastian@bestpatent.eu BESTPATENT 1. How the European Patent Office treats software patents 2. How to write the perfect invention disclosure for a software invention

7. Patents for the digital future 7 Brought to you by Bastian Best Patentanwalt www.bestpatent.eu European Patent Attorney bastian@bestpatent.eu BESTPATENT 1. How the EPO treats software patents

8. Patents for the digital future 8 Brought to you by Bastian Best Patentanwalt www.bestpatent.eu European Patent Attorney bastian@bestpatent.eu BESTPATENT INVENTION OBVIOUS? PRIOR ART (EVERYTHING ALREADY KNOWN SOMEWHERE IN THE WORLD) NON-TECHNICAL DIFFERENCE TECHNICAL DIFFERENCE NON-TECHNICAL DIFFERENCE TECHNICAL DIFFERENCE

9. Patents for the digital future 9 Brought to you by Bastian Best Patentanwalt www.bestpatent.eu European Patent Attorney bastian@bestpatent.eu BESTPATENT EUROPEAN PATENTS FOR SOFTWARE? YES, if there‘s an inventive technical contribution.

10. Patents for the digital future 10 Brought to you by Bastian Best Patentanwalt www.bestpatent.eu European Patent Attorney bastian@bestpatent.eu BESTPATENT CONTROL QUESTION Does it solve a technical problem?

11. Patents for the digital future 11 Brought to you by Bastian Best Patentanwalt www.bestpatent.eu European Patent Attorney bastian@bestpatent.eu BESTPATENT TECHNICAL NON-TECHNICAL - Controlling a technical system or process (self-driving cars, drones, robotics, automation) - Image processing (face recognition, medical analysis), language processing (voice assistants, machine translation, NPL) - Data coding (error correction, compression) - Cryptography (encrypting, decrypting, signing of messages) - Mathematic methods - Business methods - Core AI/ML - Text classification - Purely virtual simulations

12. Patents for the digital future 12 Brought to you by Bastian Best Patentanwalt www.bestpatent.eu European Patent Attorney bastian@bestpatent.eu BESTPATENT 2. How to write the perfect invention disclosure for a software invention

13. Patents for the digital future 13 Brought to you by Bastian Best Patentanwalt www.bestpatent.eu European Patent Attorney bastian@bestpatent.eu BESTPATENT GENERAL TIPS - Don’t try to write a patent. Write in plain technical language. No “legalese”. - Avoid company-internal slang. Use common terminology. - Don’t try to make it sound physical if it isn’t. Explain the function, its interactions and its effects.

14. Patents for the digital future 14 Brought to you by Bastian Best Patentanwalt www.bestpatent.eu European Patent Attorney bastian@bestpatent.eu BESTPATENT WRITE AN ELEVATOR PITCH “In the field of <…>, it is common to <…>. But the problem is that <…>. The invention solves this by <…>*.” * High-level, mostly functional explanation of the inventive concept which covers all specific facets of its preferred realizations.

15. Patents for the digital future 15 Brought to you by Bastian Best Patentanwalt www.bestpatent.eu European Patent Attorney bastian@bestpatent.eu BESTPATENT THE INVENTIVE PRINCIPLE - Which technical problems does the invention solve? - How does the invention solve these problems? - Why is that better than the prior art? - Why is the solution uncommon/surprising?

16. Patents for the digital future 16 Brought to you by Bastian Best Patentanwalt www.bestpatent.eu European Patent Attorney bastian@bestpatent.eu BESTPATENT THE CONCRETE REALIZATION - How can the invention be put into practice? - One complete “walkthrough” with a concrete example - Possible workarounds?

17. Patents for the digital future 17 Brought to you by Bastian Best Patentanwalt www.bestpatent.eu European Patent Attorney bastian@bestpatent.eu BESTPATENT THE TECHNICAL EFFECTS / GENERAL BENEFITS - Any conceivable technical applications / use cases - Any technical considerations about the hardware - What’s the overall competitive advantage?

18. Patents for the digital future 18 Brought to you by Bastian Best Patentanwalt www.bestpatent.eu European Patent Attorney bastian@bestpatent.eu BESTPATENT THE INVENTION HIERARCHY - Known, but necessary features - Unique and necessary invention features (minimum viable conceptual model) - Unique but optional invention features

19. Patents for the digital future BESTPATENT Brought to you by Bastian Best Patentanwalt www.bestpatent.eu European Patent Attorney bastian@bestpatent.eu FOR MORE FREE INFORMATION: bastianbest.de/free

How to create the perfect invention disclosure for a software patent (Bastian Best, 14 July 2021)

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How to create the perfect invention disclosure for a software patent (Bastian Best, 14 July 2021)