How to Find Information on Patents in Chemistry John Meier Science Librarian Pennsylvania State University http://www.libraries.psu.edu/psul/researchguides/matbytype/patents.html

“ The Congress shall have the power to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” U.S. Constitution, Article 1, Section 8

Four types of intellectual property Patents Exclude others from making, using or selling their invention Copyright Author’s original creative work Trademark A logo or name for a product is protected in a particular industry and geographic region Trade secret idea or invention protected by secrecy

Patents

Exclude others from making, using or selling their invention

Copyright

Author’s original creative work

Trademark

A logo or name for a product is protected in a particular industry and geographic region

Trade secret

idea or invention protected by secrecy

Multiple Types of Patents Utility patents - functional or structural novelty Examples: Light bulb or the “comb-over” Design patents - ornamental designs Example: An athletic shoe sole design Plant patents - varieties of plants Example: Poinsettia plant named “Eckaddis”

Utility patents

- functional or structural novelty

Examples: Light bulb or the “comb-over”

Design patents

- ornamental designs

Example: An athletic shoe sole design

Plant patents

- varieties of plants

Example: Poinsettia plant named “Eckaddis”

“ The Congress shall have the power to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” U.S. Constitution, Article 1, Section 8

Special terms “ Limited times” Copyright = Life of the author + 70 years Utility patents = 20 years from filing Design patents = 14 years from issue Trademarks = Renewed as long as product in the market

“ Limited times”

Copyright = Life of the author + 70 years

Utility patents = 20 years from filing

Design patents = 14 years from issue

Trademarks = Renewed as long as product in the market

Special terms “ Exclusive right” Copyright = Automatically protected from unauthorized copying Patent = Registration gives the right to exclude others from making, using, or selling the invention Trademark = Registration gives the right to exclude others from using the trademark in a particular industry and the trademark must be “well known”

“ Exclusive right”

Copyright = Automatically protected from unauthorized copying

Patent = Registration gives the right to exclude others from making, using, or selling the invention

Trademark = Registration gives the right to exclude others from using the trademark in a particular industry and the trademark must be “well known”

Criteria for Copyright and Trademarks Copyright must be original cannot consist solely of facts Trademarks can be a word, phrase, symbol or design must already be used in interstate commerce (with some exceptions)

Copyright

must be original

cannot consist solely of facts

Trademarks

can be a word, phrase, symbol or design

must already be used in interstate commerce (with some exceptions)

Criteria for patentability Utility - must be useful, or have a use Novelty - must be new (12-month grace period) Non-obvious - the difference between existing art and the invention must be sufficiently great as to warrant a patent

Utility

- must be useful, or have a use

Novelty

- must be new (12-month grace period)

Non-obvious

- the difference between existing art and

the invention must be sufficiently great

as to warrant a patent

Intellectual Property - Software Case study: I have written a piece of software and want to sell it. How I am protected from infringement in the following areas? Copyright? Patents? Trademarks?

Case study: I have written a piece of software and want to sell it. How I am protected from infringement in the following areas?

Copyright?

Patents?

Trademarks?

Software Copyright and Patents Copyright protects software from duplication and copying Patents protect an algorithm or program function Trademarks protect a brand name of software

Copyright protects software from duplication and copying

Patents protect an algorithm or program function

Trademarks protect a brand name of software

Business Concept Patents Ex: Amazon’s One Click patent #5,960,411 Successfully shut down Barnes & Noble competing service in 1999 and the Supreme Court agreed In 2008, USPTO rejected a patent for a business strategy on managing weather-related risk through commodities trading. Supreme Court just ruled that it did not meet an older definition of “process” under patent law. Broad and/or vague patents may be denied and the approval process takes much longer

Ex: Amazon’s One Click patent #5,960,411

Successfully shut down Barnes & Noble competing service in 1999 and the Supreme Court agreed

In 2008, USPTO rejected a patent for a business strategy on managing weather-related risk through commodities trading.

Supreme Court just ruled that it did not meet an older definition of “process” under patent law.

Broad and/or vague patents may be denied and the approval process takes much longer

Finding Trademarks Why search trademarks? Discover if a word or mark is already registered Search Tools TESS and TEAS – free databases from the U.S. trademark office for trademarks and applications You can do a visual or a text based search Design Codes are used for image searching Use wildcards “*” and “$” to find spelling variations

Why search trademarks?

Discover if a word or mark is already registered

Search Tools

TESS and TEAS – free databases from the U.S. trademark office for trademarks and applications

You can do a visual or a text based search

Design Codes are used for image searching

Use wildcards “*” and “$” to find spelling variations

Why search patents? To find out whether something is patentable To discover what resources are needed To learn how things work To revisit answers that others have found to your own technological questions. To identify a research direction taken by a specific company or inventor To research the history of inventions and inventors

To find out whether something is patentable

To discover what resources are needed

To learn how things work

To revisit answers that others have found to your own technological questions.

To identify a research direction taken by a specific company or inventor

To research the history of inventions and inventors

Parts of a Patent The “Front Page” Patent Number Filing Date and Issue Date Title of the Invention Inventor(s) Assignee(s) Field of Search and References Cited Representative Drawing

The “Front Page”

Patent Number

Filing Date and Issue Date

Title of the Invention

Inventor(s)

Assignee(s)

Field of Search and References Cited

Representative Drawing

Parts of a Patent The Disclosure Background of the Invention Brief Summary of the Invention Detailed Description of the Invention Claim(s) Define the boundary of legal protection

The Disclosure

Background of the Invention

Brief Summary of the Invention

Detailed Description of the Invention

Claim(s)

Define the boundary of legal protection

Search Tools CASSIS or PubWEST – Computer software available at Patent Depository Libraries U.S. PTO Website – Free database of U.S. patents – limited searching esp@cenet – European patent office website that provides a search engine of worldwide patents Google Patents – Full text searching of all patents along with PDF files for downloading

CASSIS or PubWEST – Computer software available at Patent Depository Libraries

U.S. PTO Website – Free database of U.S. patents – limited searching

esp@cenet – European patent office website that provides a search engine of worldwide patents

Google Patents – Full text searching of all patents along with PDF files for downloading

Chemistry Databases Scifinder Scholar Patents included in literature results Next day issued patent data from all the major international patent offices Selected US patents back to 1828 Reaxys Patents included in structure and literature results US patents from 1976 and some back to 1920, and World and European patents from 1978

Scifinder Scholar

Patents included in literature results

Next day issued patent data from all the major international patent offices

Selected US patents back to 1828

Reaxys

Patents included in structure and literature results

US patents from 1976 and some back to 1920, and World and European patents from 1978

Resources available at the PTDL Librarians: John Meier or Becky Albitz Patent Computer with CASSIS/PubWEST Publications of the USPTO Patent print indexes (historical) Handouts and help sheets Fee information (up to date) Books on patents, trademarks and inventing and how to search for IP information

Librarians: John Meier or Becky Albitz

Patent Computer with CASSIS/PubWEST

Publications of the USPTO

Patent print indexes (historical)

Handouts and help sheets

Fee information (up to date)

Books on patents, trademarks and inventing and how to search for IP information