Introduction to Patents by Patrick Ragains

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Introduction to Patents by Patrick Ragains
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A Patent is

• a property right granted by the U.S. Government
  to an inventor to exclude others from making,
  using, offering for sale, or selling an invention
  throughout the U.S. or importing the invention
  into the U.S. for a limited time in exchange for
  public disclosure of the invention when the
  patent is granted.

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Types of Patents

• Utility For new and useful processes, machines,
  manufactured articles, compositions of matter or
  improvements thereof. Term 20 years.
• Design New and ornamental designs for
  manufactured articles. Term 14 years.
• Plant For new and distinct varieties of plants,
  asexually reproduced. Term 20 years.

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Requirements for Patentability

• New
• Useful
• Nonobvious

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What Is Unpatentable?

• Perpetual motion devices
• Nuclear weapons The Atomic Energy Act of 1954
  excludes the patenting of inventions useful
  solely in the utilization of special nuclear
  material or atomic energy for atomic weapons.

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Help for inventors

• General advice, also covering the patent
  application process, is available at this FAQ
  site
• http//www.uspto.gov/faq/patents.jsp

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Patent Claims

• The inventors claims are the basis of
  patentability.
• A patent claim describes the original aspects of
  an invention. See claims for patent 6,135,885
  Electronic football wagering game.

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Initial claim for the patent, Electronic football
wagering game
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Patent classification

• The USPTO classifies technology and design using
  a numerical system.
• Patent searchers must use the classification
  system in order to search thoroughly.

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Patent classification search tool
http//www.uspto.gov/web/patents/classification
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Subclass 463/4 is read as

• CLASS 463 AMUSEMENT DEVICES GAMES
• 1 INCLUDING MEANS FOR PROCESSING
  ELECTRONIC DATA
• 2 .In a game including a simulated
  projectile
• (e.g., bullet, missile, ball, puck, etc.)
• 4 ..Simulated court game or athletic
  event
• (e.g., soccer, basketball, etc.)

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Getting started on a patent search

• Open 2 tabs in your web browser
• http//www.uspto.gov to search and read patent
  text
• http//www.pat2pdf.org or http//www.google.com/pa
  tents to retrieve scanned patents, including
  drawings

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Search at www.uspto.gov

• Keyword searching covers 1976present
• Classification searching covers 1790present
• U.S. patent applications, published beginning
  March 15, 2001

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Steps for a preliminary patent search

• Search issued patents at http//www.uspto.gov,
  using descriptive keywords
• Review your results note the patent
  classifications for the most pertinent items
  found
• Search by these classifications and review your
  new results

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Steps for a preliminary patent search (slide 2)

1. Modify or refine your search as necessary by
   checking other classifications and keywords
2. For the most relevant patents found, view the
   full documents, with drawings
3. Repeat this process for published patent
   applications.

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Retrieve and read full patents and applications
from

• http//www.pat2pdf.org
• http//www.google.com/patents
• On the USPTO website (a TIFF plug-in must be
  installed to view full patents in your browser)

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Refine your search

• By a process of elimination, you should identify
  the patents and applications that are most
  relevant to your invention. You must cite these
  and any other pertinent sources in your patent
  application.
• Its normal to repeat the process as your search
  becomes more focused and you identify the most
  relevant patent classifications.

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Non-U.S. patent literature

• Foreign patents (use esp_at_cenet on the Web or
  contact UNRs Knowledge Center)
• Scientific and technical articles and books
• Product catalogs (e.g., Thomas Register and
  catalogs of individual companies)

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Patent pending Patent applied for

• These phrases may be used to inform the public
  that a patent application is on file.
• There are fines for using the terms falsely.

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Other important issues

• Provisional application Establishes an early
  filing date, but only if you file a
  nonprovisional application within 1 year of
  filing a provisional application.
• Patent protection in foreign countries See the
  Patent Cooperation Treaty section of the USPTO
  website.
• Invention promotion firmsBeware!

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Amusing patents

• Vibrating soap bar Watch that keeps
  non-human time

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Abraham Lincolns patent No. 6469, issued May
22, 1849
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U.S. Plant Patent no. 14,770 Clematis Pretty in
Blue
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Where to go for help

• United States Patent and Trademark Office
• http//www.uspto.gov
• Menu-based telephone assistance 1-800-786-9199