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Interpretation of Patent Search Results and Patent Claims

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Training slides for a PCAARRD-organized training on Invention Spotting, Patent Search, Documentation and Interpretation, 18 December 2012. Special thanks to fellow Patent Agent Mr. Noel A. Catibog, Dr. Melvin B. Carlos, and Exec. Director Patricio S. Faylon, for the invitation.

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Interpretation of Patent Search Results and Patent Claims

  1. 1. Interpretation of SearchResults and Patent ClaimsCaezar Angelito E. ArceoRegistered Patent Agent in the Philippines(Non-chemical field, 2006; Chemical field, 2007)Mentor, Patent Agent Qualifying Examinations 2011, 2012Incorporator, Association of PAQE Professionals, Inc.Training on Invention Spotting, Patent Search, Documentation and InterpretationPhilippine Council for Agriculture, Aquatic, and Natural Resources Research and Development (PCAARRD)Bulwagang Panday Karunungan, PCAARRD, Los Baños, Laguna (Philippines)18 December 2012
  2. 2. Outline1.0 Prior art quick review 5 min2.0 Prior art search quick review 5 min3.0 Exercise 65 min4.0 Synthesis: Tips, tricks, shortcut 14 min5.0 End 1 min / Free
  3. 3. 1.0 Prior art quick review1.1 What is a prior art?1.2 How prior arts work?
  4. 4. 1.1 What is a prior art?According to the IP Code, prior art shall consist of: (1) Everything which has been made available to the public anywhere in the world, before the filing date or the priority date of the application claiming the invention (Sec. 24.1, RA 8293) (2) Patent application itself! (Sec. 24.2, RA 8293) In short, a prior art is: (1) Anything that is already available anywhere in the world before the patent application; (2) Anything the inventor will disclose to the Patent Office after the patent application. © 2012 by Caezar AE. Arceo Claim drafting crash course for the Sapalo Velez Bundang & Bulilan
  5. 5. © 2012 by Caezar AE. Arceo Claim drafting crash course for the1.2 How prior arts work Sapalo Velez Bundang & BulilanA mouse trap PRIOR ART? Tacky glue trap PRESENT INVENTION FUTUREPRIOR ART Sandtail sentinel Mouse trebuchet
  6. 6. 2.0 Prior art search quick review1.1 What is a prior art search?1.2 How to do prior art search?
  7. 7. 2.1 What is a prior art search?
  8. 8. 2.2 How to do prior art search?Some search engines and online patent databases:Organization Coverage LinkEuropean Patent EU patents http://www.epo.org/searching/free/espacenet.htmlOrganizationUS Patent and US patents http://patft.uspto.gov/Trademark OfficeWorld Intellectual Worldwide http://patentscope.wipo.int/search/en/search.jsfProperty OrganizationIntellectual Property Local http://patents.ipophil.gov.ph/patsearch2/Office of the inventionsPhilippines…and then proceed with the techniquesthat you learned yesterday!
  9. 9. 3.0 ExerciseGeneral instructions:(1) Group yourselves and grab your writing materials.(2) You may switch on your “specialist knowledge” for this exercise, provided, that you will accept my disclosures as true.(3) Listen to my disclosures and ask questions.(4) Do online searches and, after scanning the patent documents retrieved, prepare a matrix like this for presentation. Present your works. Disclosure Prior art(s) Is invention novel? If yes, list what to claim(5) A general model solution will be shown at the end of the exercise. However, please do not expect right or wrong comments about your work.
  10. 10. Tindig-Kamatis Stand™ or TiKaS™
  11. 11. Tindig-Kamatis Stand™ or TiKaS™Background of the invention(1) Patterned after traditional staking method.(2) Typical plant tie is a piece of string or cloth. Tying is cumbersome, especially if you are alone. Imagine tying plant parts as the plant grows. Isn’t it parusa to you?Summary of the invention(1) Need for string and cutters is eliminated, thereby saving time.(2) Using my invention, ties are maintained in tied plant parts as the plant grows.(3) The whole material can be rolled up for compact storage.(4) Plant strap can be velcro, or “hook-and- loop type.(5) Wires can be used instead of the plant strap.
  12. 12. STOP!Next slide is the solution.
  13. 13. Model solution
  14. 14. Simple claim interpretationWhat is claimed is1. An apparatus for securing a plant to a stake, comprising:an elongated portion comprised of a flexible material,a plurality of plant straps including a top plant strap, each plant strap comprising a releasable fastener, and wherein each plant strap is affixed to the elongated portion at a predetermined location, and wherein the top plant strap is longer than the other plant straps of the plurality of plant straps; and wherein the elongated portion folds over the top of the stake, and wherein the top plant strap wraps the elongated portion around the top of the stake.
  15. 15. Simple claim interpretationWhat is claimed is1. An apparatus for securing a plant to a stake, comprising:an elongated portion comprised ofimpression: Initial a flexible material.a plurality of plant straps including a top plant strap, each plant strap comprising a releasable fastener, and wherein each plant (1) Lone claim. strap is affixed to the elongated portion at a predetermined (2) Directed to a device to location, and wherein the top plant strap is longer than the other use as a plant stand. plant straps of the plurality of plant straps; and wherein the elongated portion folds over the top of the stake, and wherein the top plant strap wraps the elongated portion around the top of the stake.
  16. 16. Simple claim interpretationWhat is claimed is1. An apparatus for securing a plant to a stake, comprising:an elongated portion comprised of a flexible material,a plurality of plant straps including a top plant strap, each plant strap comprising a releasable fastener, and wherein each plant strap is affixed to the elongated portion at a predetermined location, and wherein the top plant strap is longer than the other plant straps of the plurality of plant straps; and wherein the elongated portion folds over the top of the stake, and wherein the top plant strap wraps the elongated portion around the top of the stake. This is the field of the invention. The system used by this presentor dictates that this is how the prior art looks like.
  17. 17. Simple claim interpretationWhat is claimed is1. An apparatus for securing a plant to a stake, comprising:an elongated portion comprised of a flexible material,a plurality of plant straps including a top plant strap, each plant strap comprising a releasable fastener, and wherein each plant strap is affixed to the elongated portion at a predetermined location, and wherein the top plant strap is longer than the other plant straps of the plurality of plant straps; and wherein the elongated portion folds over the top of the stake, and wherein the top plant strap wraps the elongated portion around the top of the stake. Major parts of the invention. Since this is a US Patent, this portion distinguishes the invention from that of the prior art.
  18. 18. Simple claim interpretationWhat is claimed is1. An apparatus for securing a plant to a stake, comprising:an elongated portion comprised of a flexible material,a plurality of plant straps including a top plant strap, each plant strap comprising a releasable fastener, and wherein each plant strap is affixed to the elongated portion at a predetermined location, and wherein the top plant strap is longer than the other plant straps of the plurality of plant straps; and wherein the elongated portion folds over the top of the stake, and wherein the top plant strap wraps the elongated portion around the top of the stake. The invention can only work with all of the components present.They further characterize the invention.
  19. 19. 4.0 Synthesis: Tips, tricks, shortcut4.1 Tips4.2 Tricks4.3 Shortcut
  20. 20. 4.1 Tips(1) Capture important terms and their derivatives and synonyms.  “Staking”, “stake”, “staked”, “securing plant in a stake”  “Plant holder”, “plant part holder”,  “Post fix”, “Fastener”,  “Tie”, “Tying”, “String”, “Cloth”  “Fastener”  What else??? Also, HOW?  Look for keywords.
  21. 21. 4.1 Tips(2) Check “generalizing” words.  “Velcro”, “Hook-and-loop” vs.  “Fastening strap”  “Fastening means”  “Kamatis” or “Tomato” vs.  “Crop” or “Plant”  “Soil” vs.  “Ground”
  22. 22. 4.2 Tricks(1) Vocabulary buildup.(2) Ask questions.(3) Familiarize database-specific keys and features. Identify their strengths and weaknesses.(4) Do not limit your search using one database.(5) Outsource.
  23. 23. 4.3 Shortcut …it’s the ultimate shortcut.
  24. 24. 5.0 Any questions?And...thank you! © 2012 by Caezar Angelito Estioko Arceo cangear@yahoo.com http://ph.linkedin.com/in/cangear http://www.slideshare.net/cangear http://www.youtube.com/cangear http://www.twitter.com/cangear http://www.scribd.com/cangear

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