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

2. PTRC Resources 2

3. 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  It is 1 of 84 PTRCs in the country and the only PTRC in Kansas.

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

5. 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)

6. 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

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

8. What is a patent? 8

9. 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

10. 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

11. 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

12. 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.

13. Parts of a Patent 13

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

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

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

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

18. 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 …

19. Patent Searching with Keywords19

20. 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

21. 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.

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

23. 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 ...

24. 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

25. Begin at

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

27. 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.

28. 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.

29. 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.

30. Search Results (Recent  Oldest)

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

32. Classification Searching32

33. 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

34. 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.

35. 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

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

37. 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:

38. 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

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

40. Cooperative Patent Classification (CPC) Searching in Espacenet40

41. Cooperative Patent Classification (CPC)
European Patent Office: Espacenet database
More visually-appealing layout than the USPTO website.
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)

42. Search the Classification Schema

43. Broad View

44. Narrow View

45. Select a Class/Subclass

46. 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.

47. Connecting the Past to the Present: Historical Patents47

48. 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

49. X Patents
The Patent Office fire of resulted in thousands of destroyed patents issued from
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.

50. 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.

51. 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.

52. Google Patent Search 52

53. Google Patents: Basic Search

54. Google Patents: Advanced Search

55. Google Patents Results

56. 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

57. Patent Search Databases
U.S. Patent and Trademark Office European Patent Office: Espacenet World Intellectual Property Organization Google Patents Free Patents Online

58. Research Guides Patents, Trademarks, & Copyright Guide
Entrepreneurship Research Series (free workshops)
Entrepreneurship Guide
Contact Us!
Sara Butts
(316)

59. Questions? Thank you for attending!