The Skills of Novelty Harvesting

Learning how to spot novelty is sometimes (and only for some) like learning how to enjoy Sushi. Want a clue? Watch for situations that frustrate you. This happens because there is probably a better answer in your mind than to whatever is happening at that moment, and if you cannot think of it—you should quickly invent one.

Usually where you see a problem, look closely because there are probably several problems involved. When you find them, separate them, collect them, and look for relationships in them. Keep the scope of the problem you're attempting to solve in mind and focus on aspects of novelty in that solution. Then move to the next problem and do the same. If, in the course of doing this, you think of other solutions. This is natural; be certain to record these other problems and solutions by making notes.

Now think in terms of invention claims in the solution—claims that you can make to introduce and reinforce the novelty. How many different problems do you have? And if you combine some of them, does it then strengthen the original problem you started to solve? Have you harvested all that you can? Are there more? See Figure 6-1.

Figure 6-1. Harvesting intellectual property takes a lot of careful analysis and separation of problems and solutions. While gathering all these assets as new ideas, consider the need for packaging these idea, and how best to do it.


When you are able to associate a problem and a solution, which now seems novel, collect it. Harvest it and place it into the inventor's portfolio. (See Figure 6-2.) See how many other problems might surround that problem. Identify as many problems as possible, and then place these problems and solutions into a new invention portfolio. Now that you are beginning to make a collection of potential new ideas for inventors to review, try to expand them. By reviewing these ideas with the larger team, the team may spawn new ideas. Harvest them.

Figure 6-2. Harvesting intellectual property requires precise packaging.


Classify each of the problems and associate the solutions and their claims of novelty. Collect any documentation or references to this problem that may be of relevance.

Claims are not simple to create. Study how other inventors have made their claims in their patent specifications. Notice the crispness and clarity.

What Are Claims?

This section provides examples of real invention claims. These claims are related to the invention idea we discussed in Chapter 3, “Search Strategies, Techniques, and Search Tools to Validate the Uniqueness of any Invention,” for blocking television commercials. Consider the intellectual protection each claim asserts to protect.

Apparatus and Method for Blocking Television Commercials and Displaying Alternative Programming

United States Patent Application20030192045
Kind CodeA1
Fellenstein, Craig William; et al.October 9, 2003

A method for blocking television programming comprising: receiving a first television signal; recognizing said first television signal; blocking said first television signal; and displaying said second television signal:

  1. The method of claim 1 wherein said first television signal is a commercial.

  2. The method of claim 1 wherein said first television signal is recognized by the time, audio, and video components of said first television signal.

  3. The method of claim 1 wherein said first television signal is recognized by an identifying tag.

  4. The method of claim 1 further comprising receiving user input defining said second television signal.

  5. The method of claim 5 wherein said second television signal is defined as universal alternative programming.

  6. The method of claim 5 wherein said second television signal is defined as alternative programming based on said first television signal.

  7. The method of claim 5 wherein said second television signal is defined as alternative programming based on a television channel.

  8. The method of claim 5 wherein said second television signal is defined as alternative programming based on the time of day.

  9. The method of claim 5 wherein said second television signal is defined as an elaborate viewing hierarchy.

  10. The method of claim 1 further comprising: buffering a third television signal; searching said third television signal; and recording part of said third television signal in a memory.

  11. The method of claim 11 wherein said second television signal is defined as the contents of said memory.

  12. A method of determining alternative programming displayed during a blocked television commercial comprising: displaying a plurality of alternative programming options to a user; receiving input from said user; blocking a first television signal; and displaying a second television signal based on said input.

  13. The method of claim 13 wherein said second television signal is defined as universal alternative programming.

  14. The method of claim 13 wherein said second television signal is defined as alternative programming based on said first television signal.

  15. The method of claim 13 wherein said second television signal is defined as alternative programming based on a television channel.

  16. The method of claim 13 wherein said second television signal is defined as alternative programming based on the time of day.

  17. The method of claim 13 wherein said second television signal is defined as an elaborate viewing hierarchy.

  18. The method of claim 13 further comprising: buffering a third television signal; searching said third television signal; and recording part of said third television signal in a memory.

  19. The method of claim 20 wherein said second television signal is defined as the contents of said memory.

  20. A programmable apparatus for blocking television programs comprising: programmable hardware; software; said hardware being directed by said software to: receive a first television signal; recognize said first television signal; block said first television signal; and display said second television signal.

  21. The apparatus of claim 21 wherein said first television signal is a commercial.

  22. The apparatus of claim 21 wherein said first television signal is recognized by the time, audio, and video components of said first television signal.

  23. The apparatus of claim 21 wherein said first television signal is recognized by an identifying tag.

  24. The apparatus of claim 21 wherein said software further directs said hardware to receive user input defining said second television signal.

  25. The apparatus of claim 25 wherein said second television signal is defined as universal alternative programming.

  26. The apparatus of claim 25 wherein said second television signal is defined as alternative programming based on said first television signal.

  27. The apparatus of claim 25 wherein said second television signal is defined as alternative programming based on a television channel.

  28. The apparatus of claim 25 wherein said second television signal is defined as alternative programming based on the time of day.

  29. The apparatus of claim 25 wherein said second television signal is defined as an elaborate viewing hierarchy.

  30. The apparatus of claim 21 wherein said software further directs said hardware to: buffer a third television signal; search said third television signal; and record part of said third television signal in a memory.

  31. The apparatus of claim 31 wherein said second television signal is defined as the contents of said memory.

  32. A programmable apparatus for determining alternative programming displayed during a blocked television commercial comprising: programmable hardware; software; said hardware being directed by said software to: display a plurality of alternative programming options to a user; receive input from said user; block a first television signal; and display a second television signal based on said input.

  33. The apparatus of claim 33 wherein said second television signal is defined as universal alternative programming.

  34. The apparatus of claim 33 wherein said second television signal is defined as alternative programming based on said first television signal.

  35. The apparatus of claim 33 wherein said second television signal is defined as alternative programming based on a television channel.

  36. The apparatus of claim 33 wherein said second television signal is defined as alternative programming based on the time of day.

  37. The apparatus of claim 33 wherein said second television signal is defined as an elaborate viewing hierarchy.

  38. The apparatus of claim 33 wherein said software further directs said hardware to: buffer a third television signal; search said third television signal; and record part of said third television signal in a memory.

  39. The apparatus of claim 39 wherein said second television signal is defined as the contents of said memory.

This is an example of a solid set of invention claims for a single patent application: U.S. Patent Application No. 20030192045. A professional patent attorney and/or patent agent have worded these claims, and typically speaking, an inventor wants the claims to be constructed by a professional to ensure the proper protection language is incorporated into the patent application. These claims establish the form of breadth and depth of the idea, constituting the basis for the invention (for more details on this particular invention, No. 20030192045, see Appendix A, “Case Study Patents for Further Research”).

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