Consumer Goods is a broad category and covers products using a wide range of technologies. Some consumer goods use previously unknown technology and the patent focus is on the new technology. Other consumer goods address a longstanding pain point but do so with a combination of previously known components. While the task to understand and explain the technology for some consumer goods is sometimes easier than other types of inventions, the patent attorney may need to work extra hard to present the simpler technology in a way that makes it possible to make it through the patent process.

The fallback position may be method claims on the way that the consumer good is assembled, tuned, or used. In order to have method claims as a fallback position, one needs to be disciplined on the front-end and include descriptions of the steps used to assemble, tune, or use the device.

Another fallback position may be to seek design patent protection. While utility patent protection is usually broader and thus more desirable, there are consumer products where it is the way that the product looks that is the key point of distinction with the competitors.