Design for Patentability (DFP)

Abstract

This paper introduces a new approach named Design for Patentability (DFP) and presents the preliminary formulation of a formal methodology to attempt consideration of patentability aspects during the early stages of design including conceptual design and initial implementation of detailed design and manufacturing. Design for Automation (DFAM) approach formulated earlier by the first author based on Axiomatic Design Theory originated by Suh et. al. at MIT is adapted, suitably modified and customized for inclusion of patentability aspects such as anticipation, functionality, utility, and obviousness. Highlighting the complexity in incorporation of legal aspects in an engineering methodology, the paper presents the possibilities of improving the patentability of a design by a systematic and considered approach. The proposed methodology introduces a Patentability Evaluation phase in-between the Product Design, Process Design and Automation System Design phases of DFAM. The paper reviews mapping of parameters between different domains, namely, Functional Requirements Domain, Design Parameters Domain, Process Requirements Domain, and Design Automation Parameters Domain encompassed in the DFAM methodology and includes Patentability Parameters Domain in parallel to the last three domains to enable possible consideration of patentability aspects during Product Design, Process Design, and Automation System Design. Further, the paper briefly discusses the relevance of the Information Axiom of the Axiomatic Design Theory in the context of preparation of preliminary drafts of invention disclosure and potential claims for perusal by patent agents or attorneys. The approach reported in the paper is expected to have broad applications in the growing field of innovation based entrepreneurship in which design for patentability is an essential requirement for success of a business venture.