This document provides information about conducting a patent search, including the benefits of searching, criteria for patentability, what constitutes prior art, examples of prior art, and a 7-step search strategy. It discusses using keywords, the US and CPC patent classification systems, verifying relevancy, international searching, and gives examples to illustrate concepts like how terminology can change over time.
2. Search Benefits for Inventors
• Better prepared to discuss ideas confidentially.
• Avoid infringement.
• Track research and development.
• Access to wealth of information.
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. Examples of Prior Art
Prior
Art
Patents
Books
Trade or
Professional
Journals
Advertising
Catalogs
Government
Documents
Illustrations
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.
9.
10. 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
11. 1. Keyword Searching
Titles and abstracts often vague
Slinky = “Toy and Process of Use”
iPod = “Media Device”
Keyword searchable from 1976
(USPTO website)
12. 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
13. 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
14. • 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
15. 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.
16. Where to find information about
CPC?
CPC Internet site: www.cpcinfo.org
17. 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
22. Step 3: Verify Relevancy
Mouse trap:
Class 43 Fishing,
Trapping, and Vermin
Destroying/
Subclass 58+ Traps
Link to
Class Schedule
Manual of Classification
23. 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