Patent search

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How to search patents before filling

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Patent search

  1. 1. Patent search Dr Urmila Aswar, Sinhgad Institute of Pharmacy
  2. 2. Search Benefits for Inventors • Better prepared to discuss ideas confidentially. • Avoid infringement. • Track research and development. • Access to wealth of information.
  3. 3. Criteria of Patentability Utility Non- obvious Novelty
  4. 4. What Is Prior Art? Art = Technology Conditions for Patentability Novelty and Loss of Right to Patent All information that has been disclosed to the public in any form about an invention before a given date.
  5. 5. Examples of Prior Art Prior Art Patents Books Trade or Professional Journals Advertising Catalogs Government Documents Illustrations
  6. 6. Non-Obvious Sufficiently different from what has been used or described prior. Non-obvious to person having ordinary skill in area of technology.
  7. 7. Where to begin? • Patent Application Information Retrieval system (PAIR): • Public PAIR: only displays issued or published application status. • Private PAIR: provides secure real-time access to pending application status
  8. 8. 7 Step search strategy Classification Access Full Text Review & Reference • Step 1 - Brainstorm Keywords • Step 2 - Determine the Initial Classification • Step 3 - Verify Relevancy • Step 4 - Read Classification Definitions • Step 5 – Search Issued Patents and Published Applications • Step 6 - Review Claims, Specifications and Drawings • Step 7 - Check All References
  9. 9. 1. Keyword Searching Titles and abstracts often vague Slinky = “Toy and Process of Use” iPod = “Media Device” Keyword searchable from 1976 (USPTO website)
  10. 10. Disadvantages of key word search • Keyword searching can often lead to very misleading results. • For example, patents may be written in vague or inconsistent terminology. The patent titled “Toy and Process of Use” (Patent 2,415,012) is actually the “Slinky” spring toy. • Terminology may change over time with some words becoming obsolete. a stereo was often referred to as a “Hi-Fi”, a bathroom has also been called a “water closet.” • Words can also have very different meanings in different industries. • Mouse
  11. 11. 2. U.S. Patent Classification System • Recommended method of searching: • USPC • 460+ classes and 150,000+ subclasses • Eg 002: apparels • 004: baths • 005:beds • 019: textiles • 015: brush
  12. 12. • Use keywords to obtain the subclasses using the Classification Definitions. • Once you have discovered the most relevant subclasses, • Access the complete patent documents and published applications by classification. • Review the claims, specifications and drawings of the documents retrieved to judge their relevancy. • Then for the documents that are judged to be the most relevant, expand on the search to retrieve and review cited references
  13. 13. Cooperative Patent Classification • MANAGED AND MAINTAINED BY EPO AND USPTO • Bilateral classification system. • Incorporates classification of EPO and USPTO. • Consists of over 2,50,000 subdivisions. • Launched in January 2013 EPO classifies in CPC only. USPTO – classifies in both USPC and CPC.
  14. 14. Where to find information about CPC? CPC Internet site: www.cpcinfo.org
  15. 15. Step 1: Brainstorm • Purpose? Utilitarian or ornamental? • Process or product? • What is the invention made of? • How is it used? • Keywords and technical terms that describe? • Vehicle Automobile Internal Combustion Engine Fuel Injection
  16. 16. Step 2: Determine Initial Classification http:www.uspto.gov/ Patent Search
  17. 17. Step 2: Determine Initial Classification Go to "M" for Mousetrap
  18. 18. Step 3: Verify Relevancy Mouse trap: Class 43 Fishing, Trapping, and Vermin Destroying/ Subclass 58+ Traps Link to Class Schedule Manual of Classification
  19. 19. International Patent Searching – Indian Patent office – http://ipindia.nic.in – European Patent Office  http://www.epo.org – Japan Patent Office  http://www.jpo.go.jp – World Intellectual Property Organization  http://www.wipo.int

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