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PatentQuest. Public Library of Cincinnati & Hamilton County. WHY SEARCH PATENTS?. 80% of patent information is never disclosed or published elsewhere. Patents contain a wealth of specific technical detail, research data, and drawings. 40% of US patents granted to foreign nationals.
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PatentQuest Public Library of Cincinnati & Hamilton County
WHY SEARCH PATENTS? • 80% of patent information is never disclosed or published elsewhere. • Patents contain a wealth of specific technical detail, research data, and drawings. • 40% of US patents granted to foreign nationals. • Patents and patent applications often published earlier than academic papers. • The USA over 8 million granted patents representing 170 years of technology.
Detailed Look at Patents • Must apply for and receive a patent to have protection • Gives inventor the ‘right to exclude’ others from making, using, selling or offering to sell the invention during the life of the patent • Three types of patents: *Utility * Design * Plant
Utility Patents Protect new and useful machines, processes, composition of matter, business methods … or a significant improvement in one of these Most common type of patent Protection lasts for 20 years from date of application, but term may be adjusted in some instances
Design Patents Protect the design, appearance or ornamentation of an invention, not how it works Protection lasts 14 years from date of issue Terms are not adjusted
Plant Patents Protection lasts for 20 years from date of application
Conditions for Patentability Invention must be: Patentable subject matter Useful New Non-Obvious
C A B D F E G F
H Parts of a Patent document. Parts of a Patent document.
Keyword or Classification Search? Keyword searching is quick; requires little specialized search skills. More appropriate for very recently developed technologies where USPTO classifications have not yet been developed. However, not comprehensive and patents before 1976 must be searched by classification or patent number. Only PubWEST provides keyword searching back to 1920! USPTO Classification searching is more comprehensive and has no date restrictions; organized hierarchically by the invention features as described in the patent. Our presentation will utilize the preferred classification method.
Describe invention; determine keywords and initial classification. Search Tools Index to the U.S. Patent Classification System (USPC) in various resource formats.
Keywords Write down keywords or terms that describe your invention. Be as accurate and exhaustive as possible. Avoid overly broad terms such as “device,” “process” and “system.” Consult general and technical dictionaries for help. Also a literary thesaurus is useful. STEP 1 – Extract Keywords from Invention Description
Five Questions What is the purpose of my invention? Is it a design or utility function? Is it a process or a product? What is it made of? How is it used? What are some common and technical terms that describe the nature of the invention? STEP 1 – Five Questions
A Better Mousetrap STEP 1 – A Sketch or Model Can Help Container Mousetrap, mouse trap, rodent, vermin, pest, mammal, trap, trapping, capturing, etc. BinBoxBucketPail Receptacle Opening Access way DoorwayEntrance EntrywayPortal Rotating dowel Axle CylinderPipe PlatformRodBobbinSpindle Ramp Ladder/stepsInclined plane
How It Works STEP 1 – Consider How the Invention Works
Locate Initial Classification Look up keywords in the Index to the U.S. Patent Classification System (USPC) Mouse Trap, Rat Trap, Rodent Trap Mousetrap Trap Trapping STEP 1 – Locate Keywords
Index to the USPC Intended means of entry into the classification system. Alphabetical list of terms referring to specific classes and subclasses. Four levels of indentation. Published annually in a book format. Also available on USPTO Web and Cassis. STEP 1 – Index to the USPC
STEP 1 – Index to the USPC Go to “M” to look up first keywords, “mouse trap” and “mousetrap.”
Index Term “Mouse Trap” STEP 1 – Index to the USPC Mounting Tires on wheels . . . . . . . . . . . . 157 Mouse Computer input and control devices . . . 345/156+ Guard Piano pedal openings . . . . . . . . 84/233 Multicellular living organisms . . . . . 800 Traps . . . . . . . . . . . . . . . . . 43/58+ Mouth Bag holders . . . . . . . . . . . . . . 248/99+ Initial classification.
Other Keywords Don’t forget to check other keywords, for example “rat,” rodent,” “trap” and “trapping,” in order to locate additional classifications. STEP 1 – Index to the USPC
Index Term “Trap” STEP 1 – Index to the USPC Transuranium Compounds Inorganic . . . . . . . . . . . . . . . 423/250+ Organic . . . . . . . . . . . . . . . . 534/11+ Trap & Trapping Animal, etc. . . . . . . . . . . . . . 43/58+ ... Design . . . . . . . . . . . . . . . . D22/119+ ... Fish, game, vermin traps . . . . . . . D22/119+ ... Additional design classification. http://www.uspto.gov/web/patents/classification/uspcindex/indext.htm
Initial Classifications Mouse, Trap 43/58+ Trap & Trapping, Design D22/119+ STEP 1 – Initial Classifications + indicates that the entry includes that subclass and all subclasses indented thereunder. * Indicates cross-referenced art collection.
Class Titles and Descriptions The Index is not exhaustive and may not always contain the keywords that describe your invention. As an alternative, try scanning or searching the class titles to determine where your invention might fit. STEP 1 – Scan Class Titles and Descriptions
STEP 1 – Browse Class Titles and Descriptions Class number and title list. Click on Class Numbers & Titles link
STEP 1 – Browse Class Titles and Descriptions Use your browser’s Find function to search the list of class titles. Consider synonyms, e.g. “vehicles” for autos or trucks or cars. http://www.uspto.gov/web/patents/classification/selectnumwithtitle.htm
STEP 1 – Browse Class Titles and Descriptions Class 43 – Fishing, Trapping, and Vermin Destroying
STEP 1 – Search Keywords in Patent Database If scanning class titles doesn’t work, try simple keyword searching in USPTOpatent database. Click drop down arrow and select “Title” field http://patft.uspto.gov/netahtml/search-bool.html
STEP 1 – Browse Titles and Abstracts Possible match? “Rotating cylinder rodent trap.”
STEP 1 – “Rotating Cylinder Rodent Trap” Note current U.S. Class. The Field of Search shows additional classes searched by the patent examiner.
Step 1 - Summary Use keywords to locate initial classification using these methods: 1. Index to the USPC. 2. Browse class titles and descriptions. 3. Keyword search in patent database. Tip: Take detailed notes including the class names and numbers, e.g. Mouse, Trap 43/58+ STEP 1 – Summary
Using the initial classifications, determine the best classifications for your invention. Search Tools Manual of Classification - Class Schedules Step 2.
Locate class and subclass numbers Use the Manual of Classification to further narrow your classes and subclasses. Formats available include print, USPTO Website Patent Classification and on DVD PatentsASSIST. STEP 2 – Manual of Classification
STEP 2 – Manual of Classification on the USPTO Website 1 2 2
STEP 2 – Manual of Classification Note: subclass numbers are not necessarily listed in sequential order. They are subclass identifiers and shift position when that subclass is moved within a schedule. Subclasses under class 43 43/6943/7143/74 Class heading: Fishing, Trapping, and Vermin Destroying http://www.uspto.gov/web/patents/classification/uspc043/sched043.htm
Scan the entire class schedule STEP 2 – Manual of Classification – General to Specific 43 FISHING, TRAPPING, AND VERMIN DESTROYING 58 TRAPS 64 . Self and ever set 69 .. Tiltable platform 71 .. Rotatable platform 74 .. Rotating door or platform Pay attention to the hierarchical dot indents.
STEP 2 – Manual of Classification – Design Classes If none of the classes appear relevant, return to Step 1 and revise strategy. D22/119 http://www.uspto.gov/web/patents/classification/uspcd22/schedd22.htm
Read the class definitions for the classifications you selected in Step 2and determine relevancy. Search Tools Classification Definitions Step 3.
Classification Definitions Read the corresponding subclass definitions to establish the scope of subclass(es) relevant to your search. Definitions also include “See” references that will point you to additional appropriate classes and subclasses. Available from the USPTO Website Patent Classification link, or DVD PatentsASSIST, or Class Definitions microfiche at the library. STEP 3 – Classification Definitions
STEP 3 – From the Manual of Classification on the USPTO web… Class head 43: Fishing, Trapping, & Vermin Destroying Click on subclassnumbers to get definition details. For now, avoid clicking on the red boxed “P” letters.
STEP 3 – Classification Definitions under Class 43 “See” references
STEP 4 – Browse Retrieved Patents 64 . Self and ever set 65 .. Non-return entrance 66 ... Victim-opened 67 ... Victim-closed 68 .. Sinking compartment 69 .. Tiltable platform 70 ... Trigger-released 71 .. Rotatable platform 72 ... Trigger-released 73 . Self-reset 74 .. Rotating door or platform P P P P P P P P P P P Under class heading 43: Fishing, Trapping, and Vermin Destroying Click on “P” icon to retrieve all patents in the given subclass. http://www.uspto.gov/go/classification/uspc043/sched043.htm
STEP 4 – Are we on the right track? Does this list resemble our invention? “Rotating cylinder rodent trap.”
Retrieve Subclass(es) Best subclasses: 43/71, 43/74 Other subclasses: 43/69, D22/119 “See” subclasses: 119/158, 232/47, 232/60 STEP 4 – Retrieve Subclasses
Browse Documents Note the numbers of patent documents that are closely related to your invention. STEP 4 – Browse and Select Documents Remember to search patents and published applications separately.