Compare to Prior Art

Brian Thompson
University of Wisconsin, Milwaukee
briant at uwmfdn.org

1. Describe a new product concept (works well if it has elements that include software, hardware, possible trade secrets – I’ve made up a concept for a wireless glucose meter and software that communicates with the medical professional)
2. Discuss the potentially patentable aspects – e.g. a) hardware, b) software, c) system …
3. Provide 3-4 pieces of prior art for a new idea – doing the search is too time consuming, so assume that’s been done – I’ve mixed in an issued patent, a patent in prosecution, a thesis and a journal publication.
4. Break into groups with either all the prior art or one piece per group.
5. Groups analyze their prior art – come back together for a discussion of each piece of art and how it impacts the list of potentially patentable ideas (existing prior art, possibly obvious, …)
6. What pieces of the new idea are patentable? – you may be left with just copyrightable software or knock out of some aspects with uncertainty on some remaining aspects – welcome the uncertain world of entrepreneurship.

(Contact Brian if you would like to see what he has used for the exercise.)