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AALL-PLL Intellectual Property Sub-Group Presents: Patent Research 101, Part 1

AALL-PLL Intellectual Property Sub-Group Presents: Patent Research 101, Part 1. Presented by Kristin Whitman, LandonIP Hosted by Emily Florio, PLL-IP co-chair Part of the AALL PLL-SIS Webinar Series 2012-2013 Presented June 12, 2013. Speaker Bio.

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AALL-PLL Intellectual Property Sub-Group Presents: Patent Research 101, Part 1

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  1. AALL-PLL Intellectual Property Sub-Group Presents:Patent Research 101,Part 1 Presented by Kristin Whitman, LandonIP Hosted by Emily Florio, PLL-IP co-chair Part of the AALL PLL-SIS Webinar Series 2012-2013 Presented June 12, 2013

  2. Speaker Bio • Kristin Whitman is a reference librarian with Landon IP, a private patent research firm, and was one of the founding members of Intellogist (www.Intellogist.com), a free patent searching resource and community. She now serves as a librarian on Landon IP’s internal Reference Desk, promoting knowledge capture and knowledge sharing within the organization. She is a regular contributor to the Intellogist Blog (http://intellogist.wordpress.com/), which provides weekly posts about patent search systems and their features. • Contact information at the end of this presentation.

  3. Agenda Why perform patent research? The challenges of patent metadata Discuss machine translations Determine the status of a patent

  4. Why Perform Patent Research? A very short overview of the major patent search types.

  5. Why Perform Patent Research? • Patentability Search • Is the invention novel? Non-obvious? • What other material is out there? • Freedom to Operate/Infringement • Will I get sued for selling my product? • Is someone else infringing on my rights? • Validity • Is my competitor’s patent legally enforceable? Did the patent examiner miss something?

  6. Why Perform Patent Research? • Patent landscaping • Performing high-level analysis on large datasets • Involves careful data cleaning and filtering • Usually includes charts, graphs, maps and other visual aids. • Patent landscaping supports business intelligence • Research and development opportunities • Mergers and acquisitions

  7. Agenda Defining a patent The challenges of patent metadata Discuss machine translations Determine the status of a patent

  8. Patents Dissected Bibliographic Data and Text Fields

  9. Topics • Patent Number Basics • Bibliographic Standards • Types of Data On the Patent Face • Numbers and Dates In-Depth • Patent Families • Retrieving Patent Information from the Web

  10. Patent Numbers: Country Codes • Every country has their own patent system. • Every patent number begins with a two-letter “country code.” • The country code indicates what country or regional authority issued the document. • Examples: • US – United States • JP - Japan • FR – France

  11. Country Codes • Sometimes the country codes derive from the native language name of the country, e.g. “Deutschland” for Germany. • Examples: • DE – Germany • GB – UK (Great Britain) • CH – Switzerland • HR - Croatia

  12. Publication Numbers • Patents are identified by “publication numbers” • Challenges: • Each country has a different numbering format • Applications and granted patents also have different numbering (in most countries). • Examples: • US 7,541,107 (B2) • US 2005/031930 (A1) • EP 1296389 (A2) • JP 2003100317 (A)

  13. Publication Numbers • Most database systems make you remove the punctuation, or the search won’t execute • A granted patent is written US 7,721,889 (B2) • Search systems want US7721889

  14. Kind Codes • Every patent publication number is followed by a one or two character “kind code.” • US 7,721,889 B2 • A kind code can be a single letter, or a letter followed by a number, e.g. “A,” “A1” “B2” • The kind codes indicate the publication stage, where it is in the patenting process. • Published patent applications aren’t deleted when granted patents issue! They remain in the db.

  15. Kind Codes • The beginning letter is the most important • If it is followed by a number, that usually indicates some secondary information • The typical meanings of kind code letters: • A – first published (usually published apps) • B or C – granted patents • U – utility models (short-term patents) • S – design patents

  16. Kind Codes Challenges • The meaning of kind code differs by country • Up until 2001, US granted patents had kind code “A” • It can also differ based on year of issuance • After 2001, US grants now have B kind codes

  17. Topics • Patent Number Basics • Bibliographic Standards • Types of Data On the Patent Face • Numbers and Dates In-Depth • Patent Families • Retrieving Patent Information from the Web

  18. World Intellectual Property Organization (WIPO) Standards WIPO creates standards that control the format of bibliographic data on patent documents. • Most patent authorities follow these standards Two-digit "INID" codes in parentheses appear next to each data element on a patent face. • e.g (22) denotes "application date" See Further: Handbook on Industrial Property Information and Documentation, WIPO ST.9 www.wipo.int/standards/en/pdf/03-09-01.pdf

  19. WIPO Codes and Non-US Docs The WIPO 2-digit codes can help you make sense of non-English documents. On the next two slides, you'll see: - A US patent document with INID codes - A Japanese (JP) patent doc with INID codes Both have application date fields labeled (22)

  20. Topics • Patent Number Basics • Bibliographic Standards • Types of Data On the Patent Face • Numbers and Dates In-Depth • Patent Families • Retrieving Patent Information from the Web

  21. Inventor vs Assignee/Applicant • Inventor - individual or group of individuals who created the invention. • Can be multiple inventors • Never changes • Assignee - individual or corporation. Legal owner who has the right to assert the patent. • Changes when the patent changes hands • Change in ownership not reflected on the patent face! Patent is not re-published to reflect change. • Outside of the US, the assignee is called the "applicant."

  22. Names (and Addresses)Example from Granted US Patent US 7,541,107 B2

  23. Patent Classifications International Classification (IPC) -All major authorities are required to use IPCs National Classification Systems: - US system & European (ECLA) system – being phased out in favor of CPC - Japanese (F-term and File Index) systems Cooperative Patent Classification (CPC) -Created to harmonize the US and European systems, in use as of Jan 1, 2013

  24. Patent ClassificationsExample from Granted US Patent US 7,541,107 B2 Example below includes IPC and US classes

  25. Citations (“References Cited”) Patent applicants are required to disclose any known material which might relate to the patentability of their invention These citations are published on the patent face • Citations to other related patents • Citations to related “non-patent literature”

  26. 1111111111111111

  27. Patent and Non-Patent CitationsExample from Granted US Patent US 7,541,107 B2

  28. Abstract and Representative Img.Example from Granted US Patent US 7,541,107 B2

  29. Patent Sections • Title • Abstract • Drawings • Drawing pages appear directly after the first page • Description • Background of Invention • Drawing Descriptions • Examples • Note: the description is sometimes called the patent “specification.”

  30. Patent Sections: Claims • Claims • The legally enforceable part of a patent. • When reading claims, remember: • Language in claims has specific legal meaning • Only an attorney can correctly interpret claims.

  31. Misunderstandings about Patents Published Application US 2009/0244009 A1 Title: TABLET COMPUTER Abstract: A tablet computer is composed of a tablet component and a keyboard component. The tablet component houses all the essential hardware… This person really thinks they can patent a tablet computer??

  32. Misunderstandings about Patents Read the claims Claim 1: A tablet computer comprising… a counterbalance armature attached to the keyboard component that extends from the keyboard component to oppose a moment of inertia of the tablet computer…

  33. Topics • Patent Number Basics • Bibliographic Standards • Types of Data On the Patent Face • Numbers and Dates In-Depth • Patent Families • Retrieving Patent Information from the Web

  34. Numbers and Dates • Publication Number and Date • Filing or Application Number and Date • Continuity Information: • “Related US application data” • Priority Number and Date

  35. Publication Data A publication date on a published application is the date of availability to the public. A publication date on a granted patent indicates the date that the patent was issued. - On the face of the granted patent, it will be called "date of patent." - In an electronic database, it will be called a "publication date"

  36. Publication Date on Granted Patent “Date of Patent” is called “publication date” in electronic databases

  37. Filing/Application Data A "filing date" or "application date" is when the paperwork was filed at the patent office. -In the US it's called a "filing date" -In other sources it may be "application date" An application number is an ID number, assigned at the time of filing, that identifies the (unpublished) application.

  38. 1111111111111111

  39. Application DataExample from Granted US Patent US 7,541,107 B2 1111111111111111

  40. Related US Application Data:Continuation • Continuation • A new application filed as a “sister” application to the first • Applicant wants to re-draft the claims of their original application (but no new inventive material) • The original filing date is the “priority date” for the continuation. Note that I am not an attorney and this is not legal advice.

  41. Continuation – Same invention, revised claims Application 10/208,294 July 31, 2002 Grant US 6,893,764 Application 10/921,628 July 31, 2002 Aug 19, 2004 Grant US 7,541,107 Both patents have legal protection back to the “priority date” of July 31, 2002

  42. Continuation ExampleExample from Granted US Patent US 7,541,107 B2 1111111111111111

  43. Related US Application Data • Continuation-in-part • Applicant has new improvements to the invention • Old material protected back to the original filing date • New material only protected back to continuation-in-part filing date Note that I am not an attorney and this is not legal advice.

  44. Continuation in part – New inventive material; multiple priority dates introduced Application 09/914,046 Oct 1, 2001 Grant US 7,479,276 Application 10/113,927 Oct 1, 2001 Apr 2, 2002 Grant US 7,780,882 The original material has priority to Oct 1, 2001; the new inventive material only claims priority back to Apr 2, 2002

  45. Continuation-in-part ExampleUS 7,780,882 1111111111111111

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