Slide 2: Arpan Shah
Lecturer, Baroda College of Pharmacy, Limda Patent Search Arpan Shah
Lecturer, Baroda College of Pharmacy Patent search Patent Search : Patent Search What is a patent search?
Why is a patent search important?
Type of patent search Slide 4: What Is a Patent Search? Patent searches form an integral part of any initial invention assessment and patent protection strategy.
Patent search is the process by which prior inventions or ideas are examined, with the goal being to find information that bears close similarity to a given patent or proposed invention.
A patent search involves searching different databases to see if your idea has already been patented, to know if you can patent your idea. Slide 5: Patent searches are generally performed to discover whether or not a particular invention is truly original or if, in fact, it has already been patented.
‘Prevention is better than litigation’
The search for prior art helps prove the novel and non- obviousness.
Help you to write your patent application.
Help you understand your competition.
Help you learn more about your field of invention.
Patent search study you will save time and money. Why Is A Patent Search Important? Slide 6: Types of patent searches There are many possible reasons for needing a patent search. Some examples are:
State-of-the-art search Slide 7: Novelty Search Also referred as Patentability search, Prior Art Search.
Novelty searches are conducted when an inventor has an invention which he/she is interested in patenting, and wishes to determine if anyone has previously invented anything similar or identical.
This search ensure that Clients do not waste resources filing applications for inventions that are already known. Slide 8: Validity search conti… This type of search is carried out to determine whether an
existing patent is valid in view of prior art that was already
The subject matter of the search is always based on what the
claims of the target patent disclose. Slide 9: Validity search U.S. Patent 9,999,999, in Claim 1, claims a computer chip that is faster and generates
less heat than any other chip on the market.
The patent was filed for on 1/1/2002, and granted on 2/1/2003.
In searching the prior art, you find two pieces of prior art that contain information
which is very similar to claim 1 of the subject patent.
Piece "A" is an article from a computer magazine, dated 11/01/2001.
Piece "B" is a patent which was filed for on 4/1/2002 and issued on 12/1/2002.
Which of these references is relevant? The answer is "A". Piece "A" came before the
filing date of the patent in question. Although Piece "B" issued before the patent in
question, it was not filed before the patent in question Slide 10: State of the art search A State-of-the-Art Search is designed to provide a general idea of prior art in a particular area. It is essentially an information collecting method.
In most cases, a thorough State-of-the-Art Search can save a great deal of time and money.
Knowing what work has previously been done
What problems have been discovered and how they have been solved
Who is active in the field of art Slide 11: Infringement Search This type of search is conducted to check whether implementation of the Client’s invention will lead to infringement of others’ patents / patent applications (i.e., blocking patents).
This search should be done before the Client commits resources to develop, produce and launch a new product in the market.
While doing this search certain limitations of patents need to be kept in mind – i.e., Patents are valid within certain territories, have a limited duration, and their scope is limited by their Claims. Slide 12: Where Can a Person who is not a Patent Professional Perform a Patent Search? United States Patent and Trademark Office
Free Patents Online Slide 13: United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is an agency in the United States Department of Commerce that issues patents to inventors and businesses for their inventions, and trademark registration for product and intellectual property identification.
The United States Patent and Trademark Office (USPTO) was established in 1790.
A patent is granted by the USPTO to someone who invents a new scientific process or device, as well as to people who breed unique plants, or create unique manufacturing designs. Slide 14: Patent Search By Patent Number, USPTO This field contain the unique number assigned to applications that
have issued as patents.
There are several things to remember about patent number
Patent number- 7 digit (if it is less then 7 digit add zero(s) in front of existing digits.
To search a particular type of patent, add prefixes Enter 'D' for design patents, 'PP' for plant patents, 'R' for reissue patents, 'T' for defensive publications
Non-utility patents have prefixes.
Including commas in patent number is optional. Slide 15: Patent Search By Patent Number, USPTO Slide 16: Patent Search By Patent Number, USPTO Slide 17: Patent Search By Patent Number, USPTO Slide 18: Patent Search By Patent Number, USPTO Slide 19: Patent Search By Patent Number, USPTO Slide 20: Search By Patent Number, USPTO Slide 21: Search By Patent Number, USPTO Slide 22: Advance Search By Patent Number, USPTO Slide 23: Advance Search By Patent Number, USPTO Slide 24: Advance Search By Patent Number, USPTO Slide 25: Advance Search By Patent Number, USPTO Slide 26: Advance Search By Patent Number, USPTO Slide 27: Advance Search By Patent Number, USPTO Slide 28: Application Type (APT)
This field contains a single-digit number which indicates the type of patent, as follows:1 = Utility2 = Reissue4 = Design5 = Defensive Publication6 = Plant7 = Statutory Invention Registration
To limit a search to Design Patents, search "4" in the APT field and AND with other criteria. E.g., APT/4 AND TTL/toy. Search By Application Type, USPTO Slide 29: Search By Application Type, USPTO Slide 30: Search By Application Type, USPTO Slide 31: Index Search, USPTO The index is an alphabetical list of subject headings referring to specific classes and subclasses of the classification system.
For our invention we need to look up "mouse." Slide 32: Index Search, USPTO Slide 33: Index Search, USPTO Slide 34: Index Search, USPTO Slide 35: Index Search, USPTO Slide 36: Index Search, USPTO Slide 37: Index Search, USPTO Slide 38: Index Search, USPTO 345 is a class
156 is a subclass Click on subclass-156 Slide 39: Click on 156 of the classification code 345/156, next to the "Computer Input and Display Control".
This takes us to Class 345, with the heading at the top of the page, ("Computer Graphics Processing and Selective Visual Display Systems")
Subclass 156 ("Display Peripheral Interface Input Device") of the Manual of Classification. Index Search, USPTO Slide 40: Index Search, USPTO Slide 41: Notice the dots to the left of the subclass titles. These dots indicate the specificity of each subclass.
As a subclass becomes more specific, the number of dots increases (from zero to seven).
Zero dots indicate that a subclass title is a major subdivision within a class (such as "Display Peripheral Interface Input Device.")
In our example, "Cursor Mark Position Control Device" has one dot, so we know that it is a more specifically defined classification related to "Display Peripheral Interface Input Device" (which is located right above it with zero dots). Index Search, USPTO Slide 42: The next few items
"Including orientation sensors," "Having variable cursor speed," "Cursor key," "Joystick," "Positional storage means," and "Mouse“
all have two dots, indicating that they are more specifically defined subsets of "Cursor Mark Position Control Device" (which has one dot).
You'll notice that "Rotatable ball detector" has three dots, which indicates that it is a more specifically defined subclass of "Mouse" and so on. Index Search, USPTO Slide 43: Index Search, USPTO Slide 44: Index Search, USPTO Slide 45: Click on the red "P" icon to the left of the blue subclass number 163. This will bring up a list of all the U.S. Patents in that particular classification code, in this case more than 900 patents.
To view the patent, click on the patent number.
If you want to see the full image of any patent from 1790 to the present, which includes drawings, you will need a specialized TIFF viewer. Index Search, USPTO Patent Review Slide 46: Index Search, USPTO Slide 47: Index Search, USPTO