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)
Discuss the potentially patentable aspects – e.g. a) hardware, b) software, c) system …
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.
Break into groups with either all the prior art or one piece per group.
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, …)
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.)