Introduction to Patent Searching …………………………………………………..…………………… Sara Butts Information Services Research Assistant University Libraries Spring 2018

PTRC Resources 2

The PTRC Program: Began in 1871 when federal statute (35 USC 12) first provided for the distribution of printed patents to libraries for use by the public. Public, state, and academic libraries are designated to disseminate patent and trademark information and to support the intellectual property needs of the public Ablah Library became a PTRC in 1991.  It is 1 of 84 PTRCs in the country and the only PTRC in Kansas.

What we offer: Collections & Brochures Workshops & Class Instruction Individual Consultations Outreach Library Displays Research Guides Online

Books (print and ebooks) NOLO Press Books such as: Patents for Beginners Patent it Yourself Patent Pending in 24 Hours Patent Application Drafting by Morgan D. Rosenberg Books about patent and trademark law Books about inventors and invention (for kids and adults)

USPTO Brochures General Information Concerning Patents Guide to Filing a Utility Patent Provisional Patent Application Design Patent Application Plant Patent Application Protecting Your Trademark … and other handouts

Government Documents Plant Patents in full color 1994- present The Official Gazette of the USPTO: Patents and Trademarks 1975-2002 Index to the U.S. Patent Classification System (2000) Index of Patents Index of Trademarks

What is a patent? 8

A Patent in the U.S. is … A property right granted to the inventor by the U.S. Patent and Trademark Office A “right to exclude others from making, using, offering for sale, or selling” the invention in the U.S. or “importing” the invention into the U.S. Patent term begins when application is filed (if later issued) subject to payment of maintenance fees some extensions may apply (FDA approvals) 9

Utility Patents Protects: Approximately 90% of patents 20 year term Process: series of steps or method (a way to use the product to accomplish a given result) Machine: mechanical device or combination of mechanical powers and devices to perform some function and produce a certain effect or result Article of Manufacture: manufactured product, ex: a product made by a particular process, a capacitor, a child- resistant package, etc. Composition of Matter: chemical compounds and physical mixtures Approximately 90% of patents 20 year term

Other Types of Patents Design Patents Plant Patents Protect the ornamental design (appearance) 15 year term Plant Patents Protect a new and distinct asexually-reproduced plant 20 year term

Patent Criteria Useful Novel (New) Non-obvious Serves a purpose and works as described. Has a realistic use. Novel (New) At least one unique claim (technological development) that differs from any prior art. New physical change or a new combination or use of previous inventions. Non-obvious Differs from existing disciplinary knowledge in a way that would not occur to a person knowledgeable in the discipline.

Parts of a Patent 13

Title Inventors & Assignees Classification(s) Reference Cited Related patents Publications Other prior art

Patent Number & Issue Date [no letter] – Utility Patent D – Design Patent PP – Plant Patent Patent Examiner Attorney, Agent, or Firm Abstract

Drawings Illustration or diagram Begin on the front page Include as many as necessary

Other Background of the Invention Summary of the Invention Brief Description of the Drawings Description of the Preferred Embodiment Claims

Prior art is information disclosed to the public including: U.S. and Foreign Patents Published patent applications Journal and magazine articles Books, manuals, and catalogs Websites and databases Conference proceedings YouTube videos, blogs, social media And more …

Patent Searching with Keywords 19

Why Search? Avoid infringing on other patents Track the research & development of competition Discover how things work Prepare to file an application or discuss ideas with a patent attorney or agent Become familiar with parts of a patent application, technical and legal language, and differentiate how the invention is unique

Let’s Invent! Your invention is a type of standing desk. Take a moment to think about what it might look like and how it would function.

Does your standing desk look like one of these, is it an improvement of one of these designs, or is it different?

Before you search, think about: What is the most basic description of your invention? What is its purpose? Is it a process or product? What is it made of? How is it used? What keywords and terms describe the invention? Let’s brainstorm ...

Materials / Components Basic Description Purpose How is it used? Desk / table Furniture Work station Adjustable Exercise / health Ergonomic Posture Accessible Standing Manual (crank, lever, notch) Electric (motor) Process or Product Materials / Components Metal, wood, plastic, cardboard … Process: how the desk is able to adjust

Begin at www.uspto.gov

Keyword Search Using Quick Search in PatFT, type keywords into the Term boxes.

Keyword Search In the Field boxes, select: Abstract to search the abstract of utility patents Claims to search the claims field for design patents for “the ornamental design of ... [item].” Assignee if you’re looking for patents assigned to a company Inventor for patents from the same inventor. (Last-First-M.) Current US Classification or Current CPC Classification when you suspect a relevant classifications.

You can use the dollar sign $ for truncation to search for the different possible word endings. For instance, desk$ would search for desk or desks. Duplicate your search in AppFT when finished.

Advanced Search Use the field codes like “abst” for abstract and Boolean terms like “and, or, andnot” to type your search query. Each word must be given a field code.

Search Results (Recent  Oldest)

HTML View Images for PDF View Use CTRL + F to find a word in the document.

Classification Searching 32

What are we hoping to find? We are hoping to find the class and subclass that your invention could be classified as by a patent examiner. You should be able to look at all patents in relevant classes to be reasonably sure that your patent can make a unique claim compared to granted patents and published patent applications in that class. There are three patent classification types: USPC: U.S. Patent Classification (granted prior to 2015) CPC: Cooperative Patent Classification (2015-present) IPC: International Patent Classification

Looking at a similar patent: Classification numbers assigned to granted patent. Classification fields searched by patent examiner. Patents that show the history or progression of the chosen technology.

Take Notes! Patent numbers Class/subclass numbers US 8,985,032 Class/subclass numbers (CPC) A47B9/20 (USPC) 108/97 or 108/$ Key words and wildcards Adjustable or adjust$ Notes Known inventors History of the invention Big names in the industry

U.S. Patent Classification (USPC) Searching in PatFT & AppFT at USPTO.gov 36

U.S. Patent Classification (USPC) The U.S. Patent Classification Index Browse for a key word that defines your invention Find the suggested classification numbers for that word View the USPC class definitions to see if it is a good fit Search the PatFT/AppFT databases with the class/subclass number to see if the results contain a similar technology Class Numbers and Titles Browse for a “broad to narrow” approach. USPC: http://www.uspto.gov/web/patents/classification/selectnumwithtitle.htm

Using the U.S. Patent Classification Index Go to the U.S. Patent Classification Index Click on the letter “D” Use CTRL + F or scroll down to find “desk” on the page

U.S. Patent Classification System (USPC) Broad to Narrow

Cooperative Patent Classification (CPC) Searching in Espacenet 40

Cooperative Patent Classification (CPC) European Patent Office: Espacenet database More visually-appealing layout than the USPTO website. https://worldwide.espacenet.com/ Click on “Classification Search” on the left Keyword search within the classification system Find the suggested classification numbers for that word View the CPC class definitions to see if it is a good fit Search Espacenet with the class/subclass number to see if the results contain a similar technology CPC Sections Browse for a “broad to narrow” approach. Search “exact” or “low” (includes subclasses)

Search the Classification Schema

Broad View

Narrow View

Select a Class/Subclass

Search CPC Class/Subclass in USPTO This will search for U.S. patents that were assigned this CPC classification number. You can also add a key word to refine your search further.

Connecting the Past to the Present: Historical Patents 47

Historical patents Appear differently than recent patents, with images before text May not contain references to prior art Cannot be found with keyword searching May be found by patent or classification number

X Patents The Patent Office fire of 1836 resulted in thousands of destroyed patents issued from 1790-1836. Patents issued before the fire were not included in the current numbering system, so patents recovered from the fire (through inventors’ copies) were given “x” numbers.

References Cited U.S. and foreign patents and other prior art that contribute to the “art” of the invention are mentioned in the “references cited” section of the patent, either by the inventor or by the patent examiner. This can be helpful for finding older patents in the same field of technology.

Referenced By When a patent is referenced by a later patent, it can be searched by patent number in the “referenced by” field in PatFT or AppFT. When using Google Patents, if you are looking at a patent, the “referenced by” patents should appear near the bottom of the record. This can show you how the technology has advanced.

Google Patent Search 52

Google Patents: Basic Search https://www.patents.google.com

Google Patents: Advanced Search

Google Patents Results

Legal Assistance Click on “Patents” at https://www.uspto.gov/ Then, click on “Legal Assistance and Resources.” There, you’ll find more information about: Patent Practitioner Search: Find a patent attorney or agent. Pro Se Assistance Program: Resources for inventors filing by themselves Patent Pro Bono Program: Apply for free legal assistance Law School Clinic Program: Generally free legal assistance from participating law schools Scam Prevention A list of companies that have been investigated by the Federal Trade Commission (FTC) / file a complaint

Patent Search Databases U.S. Patent and Trademark Office http://www.uspto.gov/ European Patent Office: Espacenet http://worldwide.espacenet.com/ World Intellectual Property Organization http://www.wipo.int/portal/en/index.html Google Patents http://patents.google.com Free Patents Online http://www.freepatentsonline.com/search.html

Research Guides Patents, Trademarks, & Copyright Guide http://libresources.wichita.edu/patents/trademarks/copyright Entrepreneurship Research Series (free workshops) http://libresources.wichita.edu/ers Entrepreneurship Guide http://libresources.wichita.edu/entrepreneurship Contact Us! Sara Butts (316)978-5017 sara.butts@wichita.edu

Questions? Thank you for attending!