Can discovering the source of a problem contribute to patentability?
Yes, discovering the source of a problem can contribute to patentability, even if the solution seems obvious once the problem is identified. The MPEP 2141.02 states:
“[A] patentable invention may lie in the discovery of the source of a problem even though the remedy may be obvious once the source of the problem is identified. This is part of the ‘subject matter as a whole’ which should always be considered in determining the obviousness of an invention under 35 U.S.C. ยง 103.”
However, it’s important to note that this is not always the case. If the prior art contains the same solution for a similar problem, the invention may still be considered obvious. Inventors claiming to have discovered the source of a problem must provide substantiating evidence, either through affidavits, declarations, or clear assertions in the specification.
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