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The use of Internet as a source of prior art

The use of Internet as a source of prior art. By Marios Sideris September 2003. Introduction Tools & Search Strategy Methods of search - examples Dates of Internet disclosures Conclusions. Contents . Introduction of Internet in EPO (1996) How to search on Internet in general?

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The use of Internet as a source of prior art

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  1. The use of Internet as a source of prior art By Marios Sideris September 2003

  2. Introduction Tools & Search Strategy Methods of search - examples Dates of Internet disclosures Conclusions Contents

  3. Introduction of Internet in EPO (1996) How to search on Internet in general? Can Internet be used as a search tool for patent search? What about Automotive Engineering? Year 2002: More than 1 per 100 European Patent search reports comprise at least one Internet disclosure Introduction

  4. Tools: Search Engines (dynamic & interactive) Search strategy: Trial & error Conditions for a successful & efficient Internet search Tools and Search Strategy • Knowledge of search engine used • Knowledge of technical field • Knowledge of relevant sites

  5. Most important Internet Search EnginesDatabase Total Size Estimates (31 Dec 02) Sept. 2003 3,300 millions 3,200 millions Source: searchengineshowdown.com

  6. Source: searchengineshowdown.com

  7. Use of many keywords in a search statement Combination of different search statements (sub-searching) Use of Boolean operators Possibility of Truncation Use of Proximity operators Search whole phrases Search in certain fields only Limit by age of document Ranking of results EPO criteria for choosing a tool for patent search The Tools

  8. Which tools satisfy most of criteria? • The advanced Search option of ALTAVISTA for EPO style searches (Full Boolean + truncation + proximity) www.altavista.com/sites/search/adv • The simple & advanced Search option of GOOGLE for any other kind of searches • www.google.com • www.google.com/advanced_search?hl=en The Tools

  9. Only synonyms of keywords (OR)  unmanageable nr. of results Combination of keywords (AND, AND NOT, NEAR, WITHIN)  Limitation of nr. of results Use of whole Phrases  Most limited nr. of results (too limited?) Recommendation: Combination of all above Methods of Search Methods of Search

  10. Scenario: Find information about O2 sensors used in exhaust pipes of internal combustion engines to control fuel injection Synonyms: [Oxygen, O2, lambda, (air fuel), ego, hego] sensors Use: Boolean operators Proximity operators Right Truncation Example I : Methods of Search

  11. Find disclosures describing all different kinds of OXYGEN SENSORS used in exhaust pipes of internal combustion engines. (lambda OR oxygen OR O2 OR ego OR hego OR (air WITHIN 3 fuel)) NEAR sensor*) AND inject* Results in > 16000 sites

  12. Find a single document describing all different OXYGEN SENSORS used in exhaust pipes of internal combustion engines. (lambda NEAR sensor*) AND ((oxygen OR O2) NEAR sensor*) AND (ego NEAR sensor*) AND (hego NEAR sensor*) AND (“air fuel” NEAR sensor*) AND inject*

  13. 13 results found A relevant site

  14. REPEAT SEARCH BY SORTING THE RESULTS (lambda NEAR sensor*) AND ((oxygen OR O2) NEAR sensor*) AND (ego NEAR sensor*) AND (hego NEAR sensor*) AND (“air fuel” NEAR sensor*) AND inject* exhaust Sorting of results

  15. Results sorted according to the importance of the word “exhaust”

  16. Repeat the same search in GOOGLE lambda oxygen O2 ego hego “air fuel” sensor OR sensors injected OR injection Maximum 10 keywords Resulted in 26 hits (compared to 13 of Altavista)

  17. Repeat the same search in Advanced Search of GOOGLE ego hego oxygen lambda air fuel sensor sensors Resulted in 33 hits (search not complete yet)

  18. Continue search within the 33 results found

  19. injection OR injected Resulted in 26 hits (compared to 13 of Altavista)

  20. Scenario: Stirling Engines comprising heat buffers Use: Phrases Boolean operators Example II: Methods of Search

  21. OR stirling heat buffer (“heat buffer”) AND stirling

  22. 2 Relevant sites found

  23. Repeat the same search in GOOGLE stirling heat buffer Resulted in 3 hits (compared to 2 hits of Altavista)

  24. Scenario: Regeneration of an exhaust NOx trap Use: Boolean operators Truncation Proximity operators A specific word or phrase in one of the searchable fields e.g. URL (Universal Resource Locator) Example III: Methods of Search

  25. ((nox OR nitrogen* OR n2) WITHIN 5 (trap* OR adsor*)) NEAR regener* AND url:dieselnet

  26. dieselnet Summary of article available in site Methods of Search

  27. Search in GOOGLE by using a URL (domain) inurl:dieselnet Methods of Search

  28. Search by using the search capabilities of a known Internet site Each site offers its own search engine - usually of limited capabilities but allows to access “invisible web pages” (dynamically generated pages that are not retained after the search or pages requiring passwords to access) Search in a known site Methods of Search

  29. Scenario: Search for documents related to “NOx traps” in the site of the “Society of Automotive Engineers” (www.sae.org) Example IV: Methods of Search

  30. “NOx trap” Choose a document Subscription required or documents are sold separately

  31. Prior art  defined by Art. 54(2) EPC Analogy between oral and Internet disclosures When did the disclosure occur (date)? What was the content of the disclosure? How did the disclosure become available to the public (place – form of publication – confidential information)? Dates of Internet Disclosures Dates

  32. Case I: Disclosures from publicly recognized publishers like: - technical journal sites - public databases - encyclopedias - newspapers - subscription sites - etc. carrying a publication date  use this date as the publication date of the document. Dates of Internet Disclosures Dates

  33. Dates of disclosures from publicly recognized publishers Publication date: April 2001 http:://www.dieselnet.com/tech.cat_nox-trap.html Dates

  34. Case II: Disclosures from: - publicly recognized publishers without publication date, or - sites from non-publicly recognized publishers with or without publication date date of publication should be found or verified. How? E-mails are not considered as prior art except if send in an open chat group Dates of Internet Disclosures Dates

  35. Web Last Modified Date on server Javascript:alert(document.lastModified) Dates

  36. Web Last Modified Date on server Freeware Program: Webdate www.digital-detective.co.uk Dates

  37. Date of Gigablast Cached Page http://www.gigablast.com “heat buffer” Archiving date Last modified date Dates

  38. www.archive.org www.dieselnet.com Dates

  39. Dates

  40. Use retrieval/printing date as publication date of disclosure Printing date: 28 February 2002 Site address Dates

  41. For an efficient search of patent applications Analyze patent application Choose right search tool (Google, Altavista,...) and/or relevant sites Choose search strategy – query language - keywords Evaluate publisher – recognized? Evaluate date of disclosure Conclusions

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