Designing for Impact: A Product Designer’s Guide to Navigating the Utility Patent Journey
Introduction
In the world of software design, innovation has always been a driving force. As a product designer working on enterprise experience for many years, I’ve always been passionate about pushing the boundaries of what’s possible, and finding out how my designs can benefit users. For instance, will the design enable users to save precious time and increase their productivity at work? Will it continue to deliver enduring value?
Over the years, I’ve been fortunate to collaborate with highly skilled cross-functional teams to create software solutions that enhance the user experience and simplify complex tasks, and together navigate the path towards innovative solutions that shape the future of our services.
In the past two quarters, one such project has led us down a path that few get to tread — Filing a Utility Patent. While I can’t dive into the specifics of the patented feature just yet, I am excited to share the broader steps of how this idea took shape and the challenges and insights we encountered along the way.
Throughout this article, I will provide a detailed account of the steps involved in taking an innovative software feature from Concept to Filing a Utility Patent. You will gain a comprehensive understanding of the process, clarifying what can often seem like a complicated endeavor. You will also discover how, as a product designer, your expertise can play an important role in identifying patent-worthy innovations and how your work can align with both the technical and legal aspects of patent protection. Most importantly, you will have a better understanding of how your work goes far beyond just design aesthetics, and why you should get the most out of this advantage and maximize the impact of your work.
What is a Utility Patent?
A patent refers to a unique and novel idea of an invention, typically comprised of a novel approach to accomplishing a task or presenting an inventive technical solution to a challenge. It aims to protect the invention from other individuals or companies making, using, or selling the invention without authorization.
As a product designer working in a tech company, the types of patents we usually come across are design patents and utility patents. A Utility Patent usually protects the way a process or a product works and is utilized, while a Design Patent protects how a product or a process looks. This article covers the process of building and filing a utility patent for a software function from initial research, ideation, validation, and refinement, to drafting and filing the patent.
One thing we need to keep in mind is, that the idea of making a product feature patented is often not a pre-planned strategy, but rather a consideration that arises during the initial phases of feature development. As Designers, Product Managers, and Engineers collaborate to build a feature, the uniqueness and potential for patent protection may become apparent. This reflects the iterative and creative nature of software development. Therefore, we should always keep an open and innovative mindset throughout every stage of the product development lifecycle.
Research
To understand our current standing in terms of service delivery, we really want to understand the extent of assistance we’ve provided to our users. We want to know the aspects they appreciate and those that could improve. To achieve this, we employ various research methodologies. First of all, I did an in-depth exploration of the industry as a whole, which started with a comprehensive competitive analysis, where I examined some popular solutions to understand the nuances and differences.
Additionally, in collaboration with my Product Managers, we conducted a survey that gathered more than 100 responses. This survey was designed to provide us with quantitative insights into our users’ current tooling solutions, their operational processes, and the key areas posing challenges. It also helped us understand the current service usage.
Furthermore, along with my team, we engaged in a number of deep-dive conversations with our current users. These conversations were instrumental in grasping a granular understanding of the issues they face and the factors behind those challenges. Throughout these conversations, a wide range of topics was covered. This process significantly helped us in adopting a user-centric approach and pushed us to think expansively.
Collaboration
Before delving into the details of our conceptualization, testing, and validation processes, I would like to take a moment to shine a spotlight on my incredible team. As the sole Product Designer, I’m extremely fortunate to work with such a talented group of individuals. Their unwavering appreciation for the value of User Experience Design has been evident from the beginning, with their inclusion of me in every stage of the project, even from the initial business strategy phase. Just because of their trust and respect, I am able to express my design ideas freely and openly. The Product Managers not only facilitate crucial customer calls but also ensure my active involvement in all discussions. Additionally, working alongside engineers has also been invaluable. Their insights from a technological perspective, along with their willingness to explore solutions beyond the confines of immediate challenges, greatly contribute to our success.
Conceptualization and Ideation
Based on the data I gathered from the initial research, I translated the findings into a visually accessible format to ensure that my cross-functional team can readily comprehend the challenges within our current service model. This allows for a comprehensive comparison with our users’ expectations, particularly in the context of their primary use cases.
We then started a collaborative brainstorming process, drawing insights from various perspectives, including UX, product management, and engineering. There were so many ideas being proposed, and some similar ideas were merged. As a result, we came down to our final list of ideas that we deemed promising. Notably, it’s interesting to note that based on my competitive analysis research for similar products in the industry, and feedback/knowledge shared by team members, we have yet to encounter any comparable solutions currently available in the marketplace. These ideas, we believe, have the potential to address our customers’ challenges to a significant extent.
I quickly created several low-fidelity wireframes and workflows to illustrate the final list of concepts. These served as essential tools for my team’s review and played a pivotal role in the validation process, helping us find out whether our concepts held the potential to truly address our customers’ issues.
What was also very exciting for us is, that if validations prove to be successful, our concepts could potentially qualify for utility patent filing.
Therefore, we started the validation process of the concepts.
User Validation
One crucial step we must take before involving any users in the validation of our conceptual design is to have them sign a Non-Disclosure Agreement (NDA). This precautionary measure helps us mitigate the risk of our intellectual property being unintentionally disclosed before we secure the necessary patents.
During the concept validation phase, my Product Managers, Engineering Leads, and I took the design drafts back to our users, who were actively using our service as part of our interview process. Their feedback was instrumental in confirming that the concept aligned with the model they had been hoping for.
What truly delighted us was the overwhelmingly positive response from all the users. They not only expressed their approval of the new model but also eagerly shared their visions of how the service could be further customized to meet their needs. Additionally, they introduced us to additional use cases that could be integrated into the new model. Furthermore, they expressed their willingness to provide ongoing feedback to support the evolution of our service.
On top of this, I also extended the concept validation to users who were not presently utilizing our service but were engaged with similar ones. Their viewpoint added another layer of validation, as they provided positive feedback on how the new function could seamlessly integrate into their unique use cases, potentially saving them numerous hours of work.
Drafting and Filing for Patent Application
Based on the valuable insights gathered from the validation feedback, we made our concept more focused and polished. Recognizing the substantial benefits our innovative idea could deliver to our users, along with the noticeable absence of competing products in the market, we collectively determined that pursuing a utility patent for this innovation was a necessary one. This strategic decision allowed us to both optimize the value of our concept and establish the safeguards needed to protect our intellectual property. Therefore, in parallel with this iterative design process, we simultaneously initiated the patent application procedure. It’s important to note that each company may follow its own protocol for this process, and the following steps outline what my team at VMware specifically has done.
Before the actual patent was drafted, one of the lead engineers on my team kicked off the process by submitting a questionnaire in VMware’s internal system for patent applications. The questionnaire asks questions for basic information regarding the patenting subject, such as: “What problem does the invention solve?”, “Please provide a written summary of your idea”, and an important Prior Art-related question “How have others tried to solve the problem and in what ways have their solutions been inadequate?”. In addition to providing answers to these questions, we also submitted two supplementary documents: a comprehensive explanation of the feature’s functionality, and all the initial design concepts and workflows that I developed. Some important aspects to consider:
- Background: Why do we advocate for this feature? What specific challenges does it address, and what is the significance and benefit of incorporating this functionality? It’s important to start with a clear and concise understanding of the problem the innovation addresses.
- Definition: Clarify the concept and provide clear definitions of key terms, enhancing the document’s overall comprehensibility. Excessive technical jargon or overly complex language should be avoided.
- Solution: Provide a concise overview of the proposed solution, followed by a comprehensive illustration of use cases comprising the following key components: a detailed backend structure, a step-by-step user workflow or user journey map, step-by-step User Interface screens (if applicable), and a step-by-step command-line approach (if applicable). Throughout this phase, close collaboration between Product Designers and Backend Engineers is important. The team should work hand-in-hand to ensure that the patent application is comprehensive and effectively communicates the innovation. Product designers’ main task is to define user journey maps and prepare UI mockups, we should advocate for the value of visual elements in helping patent examiners and others understand the invention.
Based on the responses to these questions and the prepared document, the attorney will conduct an assessment to determine whether the subject warrants the pursuit of a patent. Fortunately, in our case, our proposal received the green light to advance to the next stage. VMware then assigned an attorney to our case who already had familiarity with the specific field our project revolves around. This prior knowledge allowed them to better grasp the domain-specific terminology and concepts, which, in turn, facilitated a seamless drafting process. After reviewing our initial submission, we had a meeting to go over questions and details regarding the subject matter. The Engineering Lead walked through technical aspects while I demonstrated the concept using the workflows I created. The attorney then went back to start drafting the application. During this time, we communicated through emails, sharing feedback on the draft and answering any questions the attorney had. Our team worked closely with the attorney to make sure they understood the technical aspects of the software function, and the patent application accurately and comprehensively describes the invention in a way that meets the legal requirements for patentability.
When everything looks great and ready, it’s time to initiate the patent filing process. In our situation, since some of our fellow inventors are based in India, the initial filing occurred in India to adhere to Indian patent law. Subsequently, a utility patent application will be submitted in the US, typically within 6–8 weeks.
To incentivize employees to participate in the patent filing process, every company usually offers its own Patent Incentive Program, which includes both financial and physical rewards. While certainly not the most crucial aspect of patent development, these incentives are definitely the cherry on the cake.
This entire drafting process usually takes around 3–6 months, depending on the company budget and business strategy. The most crucial, challenging, and fun part — the initial creation stage — has already been completed, so we just need to sit back and relax and wait for the good news.
Maximize the Impact of Design
For Product Designers, when it comes to patenting our work, people often associate us with patenting the appearance or ornamental aspects, because in most people’s minds, our main focus is the visual design and appearance of a product, which, to a certain degree, aligns well with the core focus of product designers. However, as product designers in this fast-paced and complex industry, our role extends far beyond shaping the visual design and appearance of a product.
While aesthetics remains a significant part of our expertise, our responsibilities cover a much broader spectrum. We are committed to creating products that not only look good but also more importantly, function effectively and enhance user experience. We are at the forefront of understanding user needs, pain points, and behaviors, acting as a bridge between users and cross-functional teams. We craft user journeys, iterate on interface designs, and optimize interactions. We do all of these with the ultimate goal of delivering exceptional value to our users. Because of all of these, we are uniquely suited to engage in utility patent filing.
Filing for a utility patent can be time-consuming, and amid all of the design tasks and daily work, I, as a product designer, didn’t initially put a lot of energy and thought into this particular field. Fortunately, my recent experience with patent filing opened a door for me and marked a significant milestone, and I owe a debt of gratitude to my exceptional team for this amazing opportunity. Looking ahead, this experience has empowered me with the confidence to engage more proactively in utility patent filings and to advocate for my own work. From a UX perspective, I’m motivated to encourage fellow designers to have more open communications within cross-functional teams and collaborate on innovative solutions. Together, we can unlock a world of unlimited potential and create solutions that truly make a difference.
