Evansdale Library—West Virginia University U.S. Patent Searching --Plants August 24, 2005 Marian G. Armour-Gemmen Patent & Trademark Reference Librarian

Evansdale Library—West Virginia University Evansdale Library at WVU is the only U.S. Patent and Trademark Depository Library in the state of West Virginia. We have DVDs, color Plant Patents, and other products from the USPTO as well as access to their databases. Provide reference assistance to inventors throughout the state.

Evansdale Library—West Virginia University Three Types of Patents Utility-- any new, useful, and nonobvious process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof. Design-- a new, original, and ornamental design for an article of manufacture Plant— an asexually reproduced distinct and new variety of plant.

Evansdale Library—West Virginia University Terms of Patent The terms of utility and plant patents are twenty years from application date. The term of design patents is fourteen- years from date of issue.

Evansdale Library—West Virginia University Plant Patent –a property right granted by the Government of the United States of America for a limited time to an inventor “to exclude others from asexually reproducing, selling, or using the plant so reproduced or any of its parts throughout the United States, or from importing the plant so reproduced, or any parts thereof.” –Includes algae and macro fungi but not bacteria. –Does not include Tuber plants such as potatoes.

Evansdale Library—West Virginia University Asexual Reproduction (Include but not limited to) Rooting Cuttings Apomictic Seeds Division Layering Runners Tissue Culture Grafting and Budding Bulbs Slips Rhizomes Corms Nucellar Embryos

Evansdale Library—West Virginia University Plant Patents at Evansdale Library Color Photos with Plant Patents –Only in Library –Not on Internet; Not on DVDs Holdings of Color Plant Patents –Microfiche 1931 –1997 –Paper 1994-present

Evansdale Library—West Virginia University Why older patents must be searched? Novelty Prior art includes U.S.Patents, published U.S. Patent Applications, foreign patents, trade publications and journals. Find similar patents and state why your invention is unique.

Evansdale Library—West Virginia University Ineffectiveness of Keywords Keyword searching often yields no results. Almost all inventions have at least one cited patent reference and many have at least seven. Often similar patents do not use the same words that you are using to describe your patent. Terminology has changed, or perhaps words you would use are not used by the other inventor. In order to address this problem, the patent office has devised a classification system. Classification searching is the most effective method for searching and locating similar patents.

Evansdale Library—West Virginia University Classification Grouped in Subject Areas called Classes & Subclasses, e.g. 562/891 Each Class and Subclass have definitions associated with them. Used to classify characteristics of invention –(1) essential function, –(2) essential effect or basic product resulting from the invention, –(3) physical structure of invention, and/or –(4) intended use of invention

Evansdale Library—West Virginia University Accessing Classification Index to the U.S. Classification –Use keywords to use the index to find invention class Manual of Classification –Take Classes and Subclasses and see how they relate to on another –Indented entries Class and Subclass Definitions –Determine if invention can be defined by the class and subclass definition

Evansdale Library—West Virginia University Find Synonyms; What are we looking for? Ask 4 Basic questions: –What does the invention do? –What is the end result? –What is it made of? –What is it used for?

Evansdale Library—West Virginia University USPTO Homepage

Evansdale Library—West Virginia University Patent Main Search Page Plug-in for viewing images Start Here Search Area

Evansdale Library—West Virginia University Manual of Classification Type “PLT” to search for Plant Patents as CLASS

Evansdale Library—West Virginia University Plant Patent Class Schedule P-patents 250-def.

Evansdale Library—West Virginia University

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Evansdale Library—West Virginia University Return to Plant Patent Class Schedule Click on P-patents next to 250

Evansdale Library—West Virginia University Find a Pertinent Title & Explore 1790 to present Note: Plant Patents numbers begin with PP Let’s click on PP15,624

Evansdale Library—West Virginia University Click Here for Entire Image of Patent

Evansdale Library—West Virginia University

Patent Number Issue Date Abstract Examiner Attorney Title of Patent Inventor’s name Assignee Name International Classification U.S. Classification References Cited Latin Name

Evansdale Library—West Virginia University Keyword Searching Misleads This is where you can choose “Current US Classification” and type in “PLT/250”

Evansdale Library—West Virginia University Keyword Searching Misleads cont.

Evansdale Library—West Virginia University Keyword Searching Misleads cont.

Evansdale Library—West Virginia University Remember to Keep a log or journal of invention Keep the development and testing confidential Consult with a patent attorney once you believe you have a viable invention

Evansdale Library—West Virginia University Note on Colors in Plant Patents “Where color is a distinctive feature of the plant, the color should be positively identified in the specification by reference to a designated color as given by a recognized color dictionary or color chart” --Manual of Patent Examining Procedure (MPEP) 16.10

Evansdale Library—West Virginia University Some Color Dictionaries at WVU Libraries The RHS Colour Chart Edale Permanent Reserve QK669.R Color : universal language and dictionary of names Kenneth Low Kelly; Deane Brewster Judd; Kenneth Low Kelly; Kenneth Low Kelly. NBS special publication, 440. Edale QC100.U5752 Webster’s New International Dictionary, Second Edition, Unabridged, published by G.C. Merriam Co., Springfield, MA. DCL PE1625.W3 1945

Evansdale Library—West Virginia University Questions? Marian Armour-Gemmen Patent and Trademark Reference Librarian x5106