PATENT SEARCH TOOLS AND THE 8-STEP STRATEGY Charlotte A. Erdmann Siegesmund Engineering Library Purdue University Fall 2005.

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Presentation transcript:

PATENT SEARCH TOOLS AND THE 8-STEP STRATEGY Charlotte A. Erdmann Siegesmund Engineering Library Purdue University Fall 2005

2 Objectives Use a sample search of a mouse trap set by gravity Look at search tools Look at databases Look at search techniques

3 Review Basic Parts of a Patent Title Inventor Filing date U.S. class Field of search Abstract Background Detailed Description Patent number Issue date Application number International class Reference cited Drawings Summary Claims

4 Classification Basics Examiners assign classification to each patent based on its claims. More than one class/subclass combination may be given. Classification may change between the time that a patent issued and today. Classification involves a first place rule.

5 More information on classification Examiners’ Handbook to the U.S. Patent Classification System pp/sir/co/examhbk/index.html pp/sir/co/examhbk/index.html V. Selection of Locus for Searching or Placement

6 STEP 1: INDEX TO U.S. CLASSIFICATION SYSTEM Begin with this alphabetical listing of technical and common terms. Example: mouse trap set by gravity Look for terms describing the invention and its function, effect, end-product, structure, and use. [Paper (SuDocs C 21.12/2:) or on Cassis Patent ASSIST CD-ROM]

7 Sample Search The user chooses these terms:  Mouse  Mice  Animal  Traps Note specific classes and subclasses. For example: 84/233 Plus sign adjacent to a subclass refers to indented subclasses, e.g. 43/58+

8 Look for index term: mouse MOUSE COMPUTER INPUT & DISPLAY CONTROL 345/156+ DEVICES /156+ GUARD PIANO PEDAL OPENINGs... 84/233 MULTICELLULAR LIVING ORGANISMS / The first number is called a class. The second number is called a subclass. TRAP 43/58+

9 STEP 2: MANUAL OF CLASSIFICATION Contains more than 400 classes and 140,000 subclasses. Contains search helps at beginning of MOC. Arranged by classes in this order: Plant Utility Design

10 Manual of Classification Locate class and subclass in the Manual. For example: Scan the entire class schedule, paying attention to the dot indents. Revise your search strategy as needed. 58TRAPS 59.Burglar 60.Imprisoning 61..Swinging or sliding closure 62..Falling encaging member 43/58+ [Paper (SuDoc C 21.12:) or on Cassis Patents ASSIST CD-ROM]

11 Look at Class 43 Look for main lines (capitalized headings): MISCELLANEOUS DECOYS FISHING TRAPS VERMIN DESTROYING Look at end of class: Cross Reference Art Collections 43/900 LIQUID INSECTICIDE SPRAYER Digests 424/Digest 1 AEROSOL HAIR PREPARATION

12 Class Number: 43 Class Title: FISHING, TRAPPING, AND VERMIN DESTROYING 58TRAPS 59.Burglar 60.Imprisoning 61..Swinging or sliding closure 62..Falling encaging member 63..Jaw cage type 64.Self and ever set 65..Nonreturn entrance 66...Victim-opened 67...Victim-closed 68..Sinking compartment

13 Class Number: 43 58TRAPS 64.Self and ever set 69..Tiltable platform 70...Trigger-released 71..Rotatable platform 72...Trigger-released 73.Self-reset 74..Rotating door or platform 75..Smiting 76.Victim-reset..AND MORE

14 59.Burglar 60.Imprisoning 61..Swinging or sliding closure 62..Falling encaging member 63..Jaw cage type 64.Self and ever set 65..Nonreturn entrance 66...Victim-opened 67...Victim-closed 68..Sinking compartment 58 TRAPS Class Number: 43 Look for traps that are self-set by gravity

15 STEP 3: CLASSIFICATION DEFINITIONS Read the definitions to establish the scope of the classes and subclasses relevant to the search. Definitions include notes and suggestions to search other classes and subclasses. If you’re doing a “real” patent search, you must consult the Classification Definitions! [Microfiche (SuDocs C 21.3/2:), Cassis Patents ASSIST DVD, or Tools to Help in Searching by Patent Classification (web)]

16 Definitions exist for utility and plant patents with some exceptions. DO DON’T 343/ /700R Cross Reference Art Collections Digests Definitions do not exist for all design patents. Definition Notes

17 58TRAPS 64.Self and ever set 65..Nonreturn entrance 66...Victim-opened 67...Victim-closed 68..Sinking compartment 69..Tiltable platform 70...Trigger-released 71..Rotatable platform 72...Trigger-released Read Definitions ( Examples ) Class 4343/65 43/5843/66 43/64 Choose Definitions to Read from Class 43

18 43/ 64 Self and ever set This subclass is indented under subclass 58. Traps, which because of their peculiar construction are not set manually, but reset themselves under the influence of gravity. subclass 58 (1) Note. Includes also those traps which catch any number of animals up to the capacity of the trap and by reason of their peculiar construction need no setting. These traps unlike imprisoning traps, may capture more than one animal and frequently injure or even kill the animal.

19 Definition: 43/66 Victim-opened. This subclass is indented under subclass 65. Traps whose entrance is normally closed, as by a gravity door or gate, which is opened by the animal"s effort to get in the trap and which closes behind him, thus capturing him. SEE OR SEARCH THIS CLASS, SUBCLASS: 69,for tiltable platform self-set traps. 71 and 74, for rotatable platform self and self-reset traps. SEE OR SEARCH CLASS: 232,Deposit and Collection Receptacles, subclasses 47+ for letter box traps and 55+ for coin traps.

20 USPTO website:

21 USPTO Patent Databases

22 STEP 4: PATENTS BIB (DVD) OR PATENTS GRANT (WEB) Search class/subclass  Patents BIB (DVD, 1969-date) or  Patent Grants (web, 1790-present) Retrieve results and examine titles. Check if you are on the right path

23 Patents Bib/Patent Grants (continued) Try other classes/subclasses Revise search using keywords. Note classes/subclasses and Return to STEP 2

24 PATENTS BIB ON DVD

25 BIB LIST OF PATENTS FROM 43/66 36 records were found

26 USPTO website:

27 USPTO Patent Databases

28 Full Text/Keyword (1976-date) Image/Class (1790-date)

Patents Found

30 Text, Image, Referenced By

31 T = Full-Text and Image=Image Only

32 Problems Viewing Images

33 Keyword Searching (1976-date) (mouse or mice) and trap$ and gravity (mouse or mice) and trap$ and gravity and CCL/43/$ AN/woodstream and ccl/43/$

34 Keyword Search (1976-date)

35 STEP 5: PATENT APPLICATION

36 Applications published 18 months after filing Decision to publish or not to publish is made at time of application Publication is required if also filed outside U.S. Publication is optional if filed only in U.S. Search may need to go broader, e.g. 43/$ or 43/58 or try a variety of subclasses

37 Quick Search

38 Results

39 Advanced Search 43/66 yield no results

40 Results

41 STEP 6: PATENTS CLASS OPTIONAL Once relevant classes/subclasses are identified, obtain a list of all patent numbers (1790 to present) granted for each class and subclass to be listed. Note: You may search the PTO Patents Full- Text File to get the same information

42 LIST OF PATENTS FROM 43/ records were found Classification: 43/66 ORs: 152 XRs: 62 Total: O O X X O O O O O O X O X O X O O X O O O O O O X O O O O O O O O O O O O X O O O O O X X O O O O O O O O X O X X O O O O O O O O O O O O X O X X O X X O O O O O O O X X O O O X O O

43 STEP 7: OFFICIAL GAZETTE - PATENTS Go to the Official Gazette (OG) and look for exemplary claim(s) and a representative drawing for all patents on the list(s) to eliminate patents unrelated to the invention. The Gazette is published every Tuesday. Granted patents are arranged in number order and include: Re-Examinations Reissues Plant Patents Utility Patents Design Patents Note: Optional

44 STEP 8: COMPLETE PATENT DOCUMENT Find the full-patent document by patent number. Before 1/01 On or After 1/01 PlantPP985 US PP 12,345 P2 Utility4,503,035 US 6,654,321 B1 DesignD332,612 US D654,321 S ReissueRE35,179 US RE12,345 E Re-ExamB1 4,503,035 US 6,654,321 C Application (1 st publication) US 2001/ A1 Search the complete text and drawings of closely related patents to determine how different they are from your invention.

45 AVAILABLE PATENTS AT PURDUE Access on web1790-date Purdue has: DVD1790-date Microfilm PaperAerospace Class 244 (through 1979)