Patent Identification – How to Identify Real Inventions Within Daily Development Activity
In technology companies, especially startups, most innovation happens around the desk or inside a line of code—not in boardrooms or formal documents. It emerges between a bug and a fix, between a sketch and a realization, sometimes even as a random solution to a specific problem. However, one of the most common challenges in growing companies is the inability to discern when a “brilliant technical solution” becomes an “invention”—one worthy of patenting. In other words, the challenge is not just to develop—but also to know how to recognize when new, differentiated value is truly created that deserves legal protection.
The patent identification process is a deep process, requiring a thorough understanding of the essence of innovation in conjunction with a legal understanding of the requirements of the law and recent case law. In fact, it is an entire language that must be learned to speak – the language of inventions. And not every developer or entrepreneur speaks it naturally.
The complexity stems from the fact that companies don’t run on a schedule of inventions. They are engaged in solving problems, improving products, fixing bugs, and upgrading the user experience. These processes – however routine – often produce truly innovative solutions. But without a mechanism to identify unique value in real time, most inventions simply fly under the radar, unregistered, undocumented, and without creating rights that could contribute significantly to the company’s value.
This problem is exacerbated when you understand the implications: ideas for which you have not filed a patent application remain vulnerable to copying. Worse, once they are disclosed (for example, through a presentation or presentation at a conference), they may become public domain and it will not be possible to file a patent application to protect the invention. In addition, there is always the chance that someone else will file a patent application for the exact same invention, the day before you. Thus, not only will you lose the ability to file a patent application and obtain a monopoly on the technology you have developed, someone else will obtain the right to the invention and be able to prevent you from using the technology. In other words, the lack of timely identification equals the loss of real assets.
If so, how do you still identify inventions at the right time?
The answer starts with organizational culture. An organization that recognizes the importance of intellectual property needs to create a work environment where everyone on the team feels like they are a partner not only in development, but also in maintaining innovation. This starts with basic training on what an invention is, how to identify it, and how to report it. Not every developer needs to become a patent attorney – but they do need to understand when it is time to consult with the company’s intellectual property counsel.
In the next step, simple and accessible reporting mechanisms must be created. It can be a short email, a phone call, or even a periodic meeting – all of these can be used as tools for collecting information. The main thing is that the information does not get lost. In many cases, inventions “disappear” not because they were not important – but because there was simply no one to listen to them in time. Companies that succeed in creating internal dialogue around new inventions increase employee commitment and create a culture of professional pride.
In this context, the process of identifying inventions is not disconnected from business discourse. On the contrary. Only by understanding the business strategy and the challenges facing the company can we understand on What is important for society to understand?Yes, And which inventions are worth investing time and resources on. An amazing technological invention that is incompatible with the business model, or that does not provide differentiation from competitors, will not always justify investing in registration. On the other hand, a relatively simple solution – but one that guarantees a marketing advantage or prevents competitors from imitating – can become a highly valuable strategic patent.
The identification process becomes much more effective when there is ongoing professional advice, close to the technology teams. Such an advisor knows how to ask the right questions, extract information from developers, and identify patterns that can be turned into patent claims. This is not a formal interrogation, but an ongoing dialogue, where questions like "How exactly did you solve this?" or "Why did you choose this particular approach?" become a gateway to a deep understanding of the invention.
One of the clearest examples of the importance of a proper identification process is revealed when it comes to algorithmic developments. Often, what begins as a local optimization – improving accuracy, shortening response time, or adapting to users – turns out, after in-depth examination, to be a principled solution that has not been seen before. It is precisely the combination of familiar components, or a new definition of processing steps, that creates a unique result that deserves protection. But without stopping and analyzing the background, the choice made, and the impact created – it is not possible to identify this as an invention. Often, only in the framework of a professional conversation that brings together the engineering aspects with the legal understanding, does it become clear that the company has created something that is truly worth registering as a patent.
Even in the world of hardware, a mechanical product that enables a unique operation, a solution to an energy consumption problem, or an internal structure that does not exist in competing products – all of these may form the basis for a patent, but only if someone stops to ask: Is it new? Is it not obvious? Does it give us an advantage?
As a company develops, the need to distinguish between “improvement” and “invention” becomes increasingly acute. Not every change in a product is an invention, but not every “small” development is worthless either. Sometimes it is precisely the small developments that competitors are most eager to adopt. Accurate identification requires a combination of technological understanding and familiarity with legal requirements – what is considered new, what is not obvious, and what describes a solution to a defined problem. In other words, one needs to identify not only What did we do?, but also What is innovative about this compared to what existed before?.
Identifying inventions in a timely manner also enables strategic planning of the patent portfolio. With a broad view of the innovation taking place in the organization, it is possible to build a portfolio that covers complementary areas, focuses on the core of the product, or even constitutes a planned entry barrier for future competitors. Moreover, it allows for layers of protection – from initial provisional applications, through the filing of PCT applications, to the registration of patents in key countries.
It is worth remembering that documenting inventions that are not immediately filed as patent applications is also important. Keeping information about the rationale behind the development, the experience gained, and the alternatives considered can serve as the basis for a new patent in the future.
A culture of invention recognition is not created overnight. It begins with an understanding of the company's management backbone, is rooted in daily operations, and is nurtured through work routines. Successful companies create mechanisms for themselves that make every employee ask themselves: Is what I have just developed "just a marginal solution" or perhaps "something valuable that can be protected by a patent"? Sometimes this question alone is enough to drive an entire process.
Managers, for their part, need to understand that investing in identifying inventions pays off not only in future protection but also in immediate value: it encourages innovation, strengthens the sense of belonging and initiative among employees, and even allows for refining marketing messages. When a company knows how to say – “Our technology is patented” – it conveys confidence, maturity, and a professional approach to the product and technology.
Of course, all of this requires resources – time, attention, and financial cost. But it’s no different than investing in quality testing, market research, or digital marketing. Intellectual property is an integral part of the product – and if you want to sell a good product, you need to protect it just as well. Investors know this. Buyers know this. And if the company itself doesn’t recognize it – someone else will recognize the potential, and will be faster.
Finally, Identifying inventions is not a one-time action. It is part of a long and ongoing process of development, documentation, diagnosis, and informed choice. A company that cultivates such a mechanism will be rewarded over time not only with patent registrations, but also with an innovative culture, a solid legal infrastructure, and true recognition of the value it creates.
Do you also want to start identifying your inventions in time, and not leave them exposed or forgotten among the lines of code and ongoing tasks? It's time to protect your innovation as it deserves.
Contact us today And we will help you build a smart, simple, and effective identification mechanism – that will allow you to maintain what truly makes you unique.
We are available to you on WhatsApp, by phone 052-9770917 and by email. office@en-ip.com.
