Patents: what you need to know John J Meier Science Librarian and who to ask if you don’t know

Patents (not Trademarks, not Copyright) A patent for an invention is the grant of a property right to the inventor and to exclude others from “using” the invention A trademark is a word, name, symbol, or device used to indicate the source of a product and to differentiate it from others Copyright is a form of protection provided to the authors of “original works of authorship” and give exclusive rights of reproduction, distribution, and display

A patent for an invention is the grant of a property right to the inventor and to exclude others from “using” the invention

A trademark is a word, name, symbol, or device used to indicate the source of a product and to differentiate it from others

Copyright is a form of protection provided to the authors of “original works of authorship” and give exclusive rights of reproduction, distribution, and display

Patents law = why we can’t answer all patent questions Possible unauthorized practice of law – selecting or filling out forms, speculating on an outcome, interpreting rules as they apply to a specific case Avoid words like “you want to …”, “this does/doesn’t apply to you”, “what that really means is…” Instead steer library users towards resources If they have internet access offer to show them the USPTO website, these include guides for inventors If they have a citation or patent number let them know how they can look it up http://www.uspto.gov/web/offices/ac/ido/ptdl/ptdlserv.htm

Possible unauthorized practice of law – selecting or filling out forms, speculating on an outcome, interpreting rules as they apply to a specific case

Avoid words like “you want to …”, “this does/doesn’t apply to you”, “what that really means is…”

Instead steer library users towards resources

If they have internet access offer to show them the USPTO website, these include guides for inventors

If they have a citation or patent number let them know how they can look it up

http://www.uspto.gov/web/offices/ac/ido/ptdl/ptdlserv.htm

“ Easy” questions: patent number and “Hard” questions: name searches Google patents www.google.com/patents USPTO website http://www.uspto.gov/ Click on Patents (left side) then Search CASSIS discs – at the patents computer workstation Example #4022227 Numbers work every time Names are tricky because commercial product name may not be mentioned in the patent Also the “name” is constructed based on function. Example: Rockable Animal Simulation Having Rider Seat Means

Google patents www.google.com/patents

USPTO website http://www.uspto.gov/ Click on Patents (left side) then Search

CASSIS discs – at the patents computer workstation

Example #4022227

Numbers work every time

Names are tricky because commercial product name may not be mentioned in the patent

Also the “name” is constructed based on function.

Example: Rockable Animal Simulation Having Rider Seat Means

7-Step U.S. Patent Search Strategy Classification 1. Brainstorm keywords related to the purpose, use and composition of the invention. 2. Look up the words in the Index to the U.S. Patent Classification to find potential class/subclasses. 3. Verify the relevancy of the class/subclasses by using the Classification Schedule in the Manual of Classification . 4. Read the Classification Definitions to verify the scope of the subclasses and note “see also” references.

Classification

1. Brainstorm keywords related to the purpose, use and composition of the invention.

2. Look up the words in the Index to the U.S. Patent Classification to find potential class/subclasses.

3. Verify the relevancy of the class/subclasses by using the Classification Schedule in the Manual of Classification .

4. Read the Classification Definitions to verify the scope of the subclasses and note “see also” references.

7-Step U.S. Patent Search Strategy (cont.) Access Full-Text 5. Search the Issued Patents and the Published Applications databases by “Current US Classification” and access full-text patents and published applications. Review and References 6. Review the claims, specifications and drawings of documents retrieved for relevancy. 7. Check all references and note the “U.S. Cl.” and “Field of Search” areas for additional class/subclasses to search.

Access Full-Text

5. Search the Issued Patents and the Published Applications databases by “Current US Classification” and access full-text patents and published applications.

Review and References

6. Review the claims, specifications and drawings of documents retrieved for relevancy.

7. Check all references and note the “U.S. Cl.” and “Field of Search” areas for additional class/subclasses to search.

Patent Search Tutorial http://www.libraries.psu.edu/instruction/business/Patents/index.html