Outline Patent Information Basics Copyrights and trademarks Patent information sources
What is a patentA patent is a government grant giving inventors theexclusive right of making, using or selling an invention.In exchange, the inventor is expected to provide a fulldescription of the invention so that others can benefitfrom this advance.Source: (CIPO, 2011)http://www.cipo.ic.gc.ca/
It is an exchange, where you must provide a fulldescription of the invention so that all Canadianscan benefit from this advance in technology andknowledge.People may then read about (though not make,use, or sell) your invention without yourpermission.
What can be patented A patent is granted only for the physical embodiment of an idea (for example, the description of a possible door lock) or for a process that produces something tangible or that can be sold. You cannot patent a scientific principle, an abstract theorem, an idea, some methods of doing business, or a computer program.
Example of patentable invention The invention can be: a) A product (e.g. A door lock) b) A composition (e.g. Chemical composition used in lubricants for door locks) c) An apparatus (e.g. A machine for making door locks) d) A process (e.g. A method for making door locks) e) Or an improvement on any of these
Where do patents come from Inventors send patent applications to patent granting agencies. Here they are reviewed by patent examiners. Patents only apply to the country that the patent is granted in, so some inventions will have multiple patent numbers for the different countries where patents for that invention have been obtained.
Where are patents from?Some major patent granting agencies: United States Patent and Trademark Organization http://www.uspto.gov Canadian Intellectual Property Office http://www.cipo.ic.gc.ca European Patent Office (member states) http://worldwide.espacenet.com Japan Patent Office http://www.jpo.go.jp/
Where are patents from?Free full-text online patent databases: WIPO Intellectual Property Digital Library http://www.wipo.int/patentscope/search/en/search.jsf Google Patents www.google.com/patents/ Free Patents Online http://www.freepatentsonline.com/
Other Sources of Patent Information Patent Lens – another free patent search website http://www.patentlens.net/daisy/patentlens/patentlens.html Intellogist – some very useful free, online patent tools http://www.intellogist.com/wiki/Main_Page Links to Patent Offices around the World
Canadian Patent Requirements Utility • The invention must work and it must have a practical purpose Novelty • You must be the original inventor and the invention must be the first of its kind in the world Inventiveness • must show inventive ingenuity and not be obvious to someone skilled in that area • For example, changes in size and substituting one materials are usually not patentable • Should strike an examiner in your field with the thought of “Why didn’t I think of that?”
Characteristics of Patent Literature Based in government and legal constructs Highly technical Expensive (beyond Canada and the US) Complex structure Obscure classification system Computer based Employs its own terminology
Challenges of patent searching For a comprehensive search, you cannot search by keyword only Searching by patent classification results in more accurate retrieval Patents are classified according to function (not subject), using a numerical system One patent is often classified under multiple classification numbers
Searching patents using only keywords can be painfulAccording to patent literature the Koosh ball is known as a“Generally spherical object with floppy filaments to promotesure capture” US 4,756,529
Patent Classification Codes A better way to search for similar inventions US Patent Classification >>Class numbers and titles (list and definitions) http://www.uspto.gov/web/patents/classification/select numwithtitle.htm >>Search list for specific classification number http://www.uspto.gov/web/patents/classification/index. htm International Patent Classification (IPC) http://www.wipo.int/classifications/ipc/en/
Types of patents There are three main types of patents. The patent numbers differ so they can easily be differentiated Utility patents (e.g. 3,333,333) – an invention, a machine or process Design patents (e.g. D321456) – granted on the appearance of something; e.g. A chair with a pedestal instead of four legs. Plant patents (e.g. PP20235) – granted on bushes, trees, roses, etc that are reproduced asexually; e.g. A patentable part of a plant is its color, so a particular type or color of rose can be patented and protect from duplication by other horticulturalists (Wherry, 1995)
Copyright & trademark Patents are not to be confused with copyright and trademarks copyrights provide protection for literary, artistic, dramatic or musical works (including computer programs), and three other subject matter known as: performance, sound recording and communication signal a trade-mark is a word, symbol or design (or any combination of these) used to distinguish the wares or services of one person or organization from those of others in the marketplace (CIPO, 2011)
Keys to a comprehensive search Never search for patents by keyword alone Also search using the classification codes. These can also help you search patents across patent databases from different countries Look at the Field of search, which are the USPC codes consulted by the patent examiner during the prior art search in US patents e.g. Patent no. 7649183
Patents at the U of SThe Industrial Liaison Office (ILO) is a departmentof the University of Saskatchewan created in 2004reporting to the Vice President Research. Onefunction of ILO is to commercialize intellectualproperty (e.g. inventions) arising from university-generated research.http://www.usask.ca/research/ilo/
Finding more patent information UofS Library’s How do I... Patents webpage http://library.usask.ca/howto/patents.php Queen’s University Patents Tutorials http://library.queensu.ca/research/guide/patent s/tutorials
Finding more patent information Books at the Engineering Library Dulken, S. (2002) Introduction to patents information. (4th Ed.). London: The British Library Board. Wherry, T. L. (Ed.). (1995) Patent searching for librarians and inventors. Chicago: American Library Association. Hitchcock, D. (2007). Patent searching made easy: How to do patent searches on the internet and in the library. (4th Ed.). Morrisville, NC: www.lulu.com.
Contact Info Cindy Ho, MLIS Engineering Liaison Librarian Room 1B08 Engineering Building Phone: (306) 966-5978 Email: firstname.lastname@example.org