One of the most common questions I receive from inventors is, “I know my invention is better than anything else on the market. But how do I prove that it’s better?” This is actually a very important question, as showing that an invention is an improvement on similar inventions is a critical component of successfully filing for a patent. Creating a product that operates in a slightly different fashion and produces a result similar to its competitors isn’t going to meet the threshold of novelty necessary to receive a patent.
You need to be able to show that your invention is an improvement over comparable products. This improvement can’t be qualitative or subjective—your device won’t qualify for a patent simply because it’s sexier or nicer looking.
You must show that your invention is quantitatively better in some measureable respect you’re your argument of superiority is based upon a data chart or a graph, then you have better odds of getting a patent.
Generally, demonstrating the superiority of an invention is accomplished by performing an experiment.
Have you ever seen a commercial in which a name brand product, such as paper towels, is compared to its generic counterparts? In the case of this example, the comparison might be performed by soaking each paper towel in a bowl of water, and then comparing how much moisture each paper towel absorbed, and/or how quickly each absorbed moisture.
https://www.youtube.com/watch?v=xzFgU9VeZrg
This is what’s known as a comparative experiment, in which two or more products or practices are tested under identical circumstances. While the comparison shown in the commercial above likely wouldn’t pass muster, the basic concept could be easily formalized into something workable.
Read our next blog to learn more about designing an experiment to show your invention’s worth.