Patent Information at Penn State University Libraries A Patent and Trademark Depository Library John Meier 201 Davey Laboratory

Have you used SRS (clickers) before? Yes, they are easy to use Yes, but they are annoying No, this seems like fun No, how do I turn this thing on

Yes, they are easy to use

Yes, but they are annoying

No, this seems like fun

No, how do I turn this thing on

Which of the following gives an author or inventor the right to exclude others from “making, using, offering for sale, selling or importing” their work? A. Copyright B. Patents C. Trademarks

A. Copyright

B. Patents

C. Trademarks

It’s a Patent Copyright protects original authorship “including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished.” A Trademark is “a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others.”

Copyright protects original authorship “including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished.”

A Trademark is “a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others.”

“ 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 “ Exclusive right” The right to exclude others from making, using, or selling the invention “ Limited times” Utility patents = 20 years from filing Plant patent = 20 years from filing Design patents = 14 years from issue

“ Exclusive right”

The right to exclude others from

making, using, or selling the invention

“ Limited times”

Utility patents = 20 years from filing

Plant patent = 20 years from filing

Design patents = 14 years from issue

Reasons to Search Patents To find out whether something is patentable To discover what resources are needed To learn how things work

To find out whether something is patentable

To discover what resources are needed

To learn how things work

More Reasons to Search Patents 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 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

There exists a patent for… a) An athletic shoe sole design b) The Poinsettia plant named “Eckaddis” c) The comb-over d) All of the above

a) An athletic shoe sole design

b) The Poinsettia plant named “Eckaddis”

c) The comb-over

d) All of the above

There exists a patent for… All of the above have patents! An athletic shoe sole design Design Patent: D339,456 The Poinsettia plant named “Eckaddis” Plant Patent: PP12,782 c) The comb-over Utility Patent: 4,022,227

All of the above have patents!

An athletic shoe sole design

Design Patent: D339,456

The Poinsettia plant named “Eckaddis”

Plant Patent: PP12,782

c) The comb-over

Utility Patent: 4,022,227

Types of Patents Utility patents - functional or structural novelty Design patents - ornamental designs Plant patents - varieties of plants

Utility patents

- functional or structural novelty

Design patents

- ornamental designs

Plant patents

- varieties of plants

What can be patented? (utility patents) a machine or apparatus a process, art, or method a manufacture or article of manufacture a composition of matter a new and useful improvement thereof * 35 U.S. Code, section 101

a machine or apparatus

a process, art, or method

a manufacture or article of manufacture

a composition of matter

a new and useful improvement thereof

* 35 U.S. Code, section 101

Criteria for patentability (utility patents) 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

What cannot be patented? Things not invented by the applicant Works of authorship (copyrights) Tradenames, logos, slogans, titles Laws of nature Inventions which will not work perpetual motion machines weather machines

Things not invented by the applicant

Works of authorship (copyrights)

Tradenames, logos, slogans, titles

Laws of nature

Inventions which will not work

perpetual motion machines

weather machines

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 Drawings (as needed for clarity) Background of the Invention Brief Summary of the Invention Detailed Description of the Invention Claim(s)

The Disclosure

Drawings (as needed for clarity)

Background of the Invention

Brief Summary of the Invention

Detailed Description of the Invention

Claim(s)

Can’t I just browse through all the patents? Not through more than 7,000,000 patents! Starting on January 1st , and using 40-hour work weeks. A person browsing one patent per second would reach U.S. patent number 7,000,000 by... The beginning of December!

Not through more than 7,000,000 patents!

Starting on January 1st , and using 40-hour work weeks. A person browsing one patent per second would reach U.S. patent number 7,000,000 by...

The beginning of December!

Patent Search Resources CASSIS/CD-ROM Patents Bib Assignment File USAPat image file 1994 to present 1790 to 1990 And growing! USApp Official Gazette

CASSIS/CD-ROM

Patents Bib

Assignment File

USAPat image file

1994 to present

1790 to 1990

And growing!

USApp

Official Gazette

Patent Search Resources on the Internet U.S.P.T.O. Web Patent Database http://www.uspto.gov/patft/index.html 7+ million U.S. patents Searchable full text from 1976 Scanned images from 1790

Patent Search Resources on the Internet esp @ ce net European Patent Office http://ep.espacenet.com/ 30 million documents Patents documents from U.S., Europe, Japan, W.I.P.O.

esp @ ce net

European Patent Office

http://ep.espacenet.com/

30 million documents

Patents documents from

U.S., Europe, Japan, W.I.P.O.

Patent Search Resources on the Internet Google search of the USPTO images http://www.google.com/patents Same data as the Patent Office with Additional searching from 1790- 1976 using computer generated text

An inventor writes a computer program and is protected from others copying it by… Copyright A Patent A Registered Trademark

Copyright

A Patent

A Registered Trademark

Software Copyright and Patents Copyright protects software from duplication and copying (ex: Microsoft can prosecute those that copy MS Word) Patents protect an algorithm or program function (ex: Amazon’s controversial patent on the electronic shopping cart allows them to prevent others from using it) Trademarks protect a brand name of software

Copyright protects software from duplication and copying (ex: Microsoft can prosecute those that copy MS Word)

Patents protect an algorithm or program function (ex: Amazon’s controversial patent on the electronic shopping cart allows them to prevent others from using it)

Trademarks protect a brand name of software

Any questions? I have a specific question to ask I want you to show some more examples I want to work on my own I just want to go to lunch

I have a specific question to ask

I want you to show some more examples

I want to work on my own

I just want to go to lunch