2. Patent Basics Linda Shackle Noble Science & Engineering Library Room 130E 480-965-7601 http://libguide.asu.edu/patents linda.shackle@asu.edu http://libguide.asu.edu/patents linda.shackle@asu.edu

3. Includes: –Copyrights –Trademarks –Trade Secrets –Patents Intellectual Property: A Collective Term

4. A grant by a government agency giving an inventor the monopoly right to prevent others from making, using or selling his/her invention for a limited time. What is a Patent?

5. In return, the inventor must disclose all that s/he knows about the invention in the patent application. In the U.S., the inventor chooses to have the application either published immediately OR after 18 months if still pending. What is a Patent?

6. 10-3-07 What is the Value of a Patent?

7. Incentive to invent Security of investment Control of market Building block for future inventions Valuable as source of information What is the Value of a Patent?

8. Much of the information contained in patents is never published anywhere else Monitor business competition Useful before interviewing for a job Source of historical information Patents as Information

9. Patents as Property Can be sold (“assigned”) for a lump sum Can be inherited by heirs Can be licensed to another party with inventor receiving royalties while retaining patent

10. June 8, 1995 –Utility Patent term changes from 17 years from date of issuance to 20 years from date of application –Option to file a provisional patent application March 15, 2001 –Patent Applications are made public but inventors are allowed to request an 18 month delay Changes in US Patent Law & Procedure

11. January 1, 2013 –Along with European Patent Office, switch to Cooperative Patent Classification (CPC) system for utility patents –Two year transition period in which both USPC and CPC categories recorded on patent March 15-19, 2013 –Patent priority is given to “First to File” over “First to Invent” –Micro Entity discount Changes in US Patent Law & Procedure

12. Plant -- 20 year term from date of filing Design --14 year term from date of issue Utility -- 20 year term from date of filing Types of U.S. Patents

13. PP7801 Poinsettia Plant Named Marjo White 20 year term from date of filing Plant Patents

14. Design Patents 14 year term from date of issuance

15. More Design Patents

16. 20 year term from date of filing (if maintenance fees paid) Machine Article of Manufacture Process Composition of Matter Business methods Any new, useful improvement of the above Utility patents

17. US 7,702,395 Patent Format

18. Title Inventors Assignee Application date Patent Number and Issue Date Classification Field of Search References Cited Abstract And more! Patent Format: Front Page

19. Patent Format: Page 2+

20. Drawings Description of Drawings Background of the Invention Summary of the Invention Detailed Description Patent Format: Page 2+

21. Claims! Patent Format: Last Part

22. Why Do a Patent Search?

23. To Save $$$$$! Why Do a Patent Search?

24. If there is “prior art that anticipates your invention,” OR If a single earlier reference shows or describes every feature of your invention, Why Do A Patent Search?

25. Your invention lacks novelty and is not patentable. Why Do A Patent Search?

26. Definition The body of technical information that was available or accessible to the pubic at the time of or before the invention. Prior Art

27. U.S. and foreign patents (issued and applications) Journals and magazines (articles, letters to editor, ads) Conference proceedings Trade Catalogs Dissertations/Theses (available to public) Prior Art

28. USPTO http://patft.uspto.gov http://patft.uspto.gov EPO http://worldwide.espacenet.com http://worldwide.espacenet.com Google Patents http://www.google.com/patents http://www.google.com/patents SciFinder (chemical patents) Access via Libraries home page -> Research Databases Patent Search Tools

29. Grants and Applications in separate databases –Grants updated on Tuesdays –Applications updated on Thursdays Full Text (1976-Present) Images (1790- present) Now in available in pdf! Patent Search Tools: USPTO

30. Search engine features: Phrase searching (default) Field searching is available Results display in Reverse Chronological order Pre-1976 patents only searchable by classification or by grant number. Patent Search Tools: USPTO

31. Patent info from almost every country Many full text but not all Machine translations Shows equivalent and related patents (Ex. Semiconductor nanowire devices, GB2459251) PDF full text Printing limited to docs less than 250/500 pages Patent Search Tools: EPO Worldwide

32. Searchable full text Both US and foreign (Unknown update schedule ) PDF images from 1790 to present for U.S. Links to EPO for foreign patents Patent Search Tools: Google Patents

33. Search engine features –Some fielded searching –Search applications & grants simultaneously –“Prior Art Finder” helps with keywords Patent Search Tools: Google Patents

34. Searching for Patents? Keywords will NOT Get you where you need to go!

35. What Is It? The Language of Patents

36. What it is Not what it does Not what it’s used for Not the trademark under which it’s marketed The Language of Patents

37. US 4756529 Generally Spherical Object With Floppy Filaments to Promote Sure Capture The Language of Patents

38. Occupant Propelled Wheeled Land Vehicle The Language of Patents

39. Occupant Propelled Wheeled Land Vehicle Bicycle USPC: 280/200 CPC: B62 The Language of Patents

40. Rockable Animal Simulation Having Rider Seat Means The Language of Patents

41. Rockable Animal Simulation Having Rider Seat Means Rocking Horse USPC: 472/95 CPC: A63G 13/00 The Language of Patents

42. Coating Implement with Material Supply in an Expendable Sheath The Language of Patents

43. Coating Implement with Material Supply in an Expendable Sheath Pencil USPC: 401/96 CPC: B43K The Language of Patents

44. If you rely only on keyword searching you will miss relevant patents The Language of Patents

45. Why doesn’t everybody just call things by the same name? The Language of Patents

46. They do! It’s called “patent classification” The Language of Patents

47. http://www.uspto.gov How to Search for Patents

51. Example 1: What are the recent innovations for baby incubators? How to Search for Patents

56. A61G 11/00 How to Search for Patents

67. Example 2: I’ve created a stent for cardiology patients that is made from a mesh that I think is more flexible but stronger than anything currently on the market. I need to know if anyone else has already patented this. How to Search for Patents

71. A61F 2/91 A61F 2/915 A61F 2/07 A61F 2/856 How to Search for Patents

73. The ASU Libraries

74. How to Search for Patents

75. Expand the categories by clicking on the plus sign

76. To see the definition of the category, click on the link How to Search for Patents

83. Started in January 2013 All previously issued US patents will have CPC assignments (But only for the primary US Class/subclass) Used for utility patents only (Design and Plants will continue with US classification) US classes will only be recorded on utility patents through December 2014 CPC (Cooperative Patent Classification)

84. Keywords Plus Classification! How to Search for Patents

85. 1.Find a few patents similar to your invention 2.Note the CPC categories for these patents 3.Look up categories in the CPC schedule 4.Read the definitions and the “see references”; explore around those areas to determine appropriate categories 5.View the patents and applications placed in these CPC categories 6.Do these patents give you other possibilities for CPC categories? If so, repeat steps #3-5 How to Search for Patents

86. http://libguides.asu.edu/patents http://libguides.asu.edu/bioengineering Library Guides

87. Ask a Librarian! http://lib.asu.edu/help http://lib.asu.edu/help Resources

88. Questions? The ASU Libraries