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. § 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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