Title: Patent searching
1Patent searching
2Overview
- Why search?
- How to search?
- What to do with results?
3Patent Myths
4- US04344424Anti-eating face mask ...simple and
inexpensive in construction, which does not
interfere with transmission of speech or
breathing by the user and which may be locked in
place
5Patent Myths
- A patent means the invention works
6Patent Myths
- A patent means the invention works
- As many as 10 of patents are invalid because the
invention does not work as described
7Patent Myths
- A provisional patent is good for 1 year
8Patent Myths
- There is no such thing as a provisional patent.
Provisional applications never issue and must be
converted to regular applications or they go
abandoned.
9Patent Myths
10Patent Myths
- A patent is granted for any new and useful
process, machine, manufacture, or composition of
matter, or any new and useful improvement thereof
- 35 USC 101
11Patent Myths
- You must have made or used the invention to
patent it
12Patent Myths
- The specification shall contain a written
description of the invention, and of the manner
and process of making and using it, in such full,
clear, concise, and exact terms as to enable any
person skilled in the art to which it pertains,
or with which it is most nearly connected, to
make and use the same, and shall set forth the
best mode contemplated by the inventor of
carrying out his invention. - 35 USC 112
13Patent Myths
- A patent gives the owner the exclusive right to
make, use, and sell her invention
14Patent Myths
- right to exclude others from making, using,
offering for sale, or selling the invention
throughout the United States - 35 USC 154
15Patent Myths
- A US patent is honored worldwide
16Patent Myths
- Patents are valid only in the territory in which
they are granted
17Patent Myths
- If a search doesnt identify a patent to a new
invention, the invention is patentable
18Why conduct a patent search?
19Typical reasons
- Assessing patentability of your invention
- Refine the scope of your claimed invention
- Accelerate patent prosecution
- Find alternative approaches to technological
problems - Assess Freedom to Operate
- Identify potential licensees, business partners
or infringers
20The anatomy of a patent
- Title
- Abstract
- Specification
- Background
- Summary
- Detailed Description
- Drawings
- Brief Description of Drawings
- Examples
- Claims
21Mechanics of searching
- Before you start
- Summarize your invention
- Be familiar with essential keywords and their
synonyms - Choose a database
- USPTO
- Google
- Free patents online
- Delphion
22Mechanics of searching
- Identify keywords
- Abstract
- Specific
- Specialized
- Identify key inventors
- Study pioneering IP
- Classifications
- BRAINSTORM!
- Do it again and again and again
23Mechanics of searching
- Keep track of search terms used, dates of
searches, numbers of hits - Search front pages, abstracts, claims full text
- Once you have hits (between 500-3000) skim
titles, then abstracts, then claims, then
specification
24Patent Search Tutorial
25Keeping track of search terms
26Keeping track of search results