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Patent searching

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Patent searching. MS Biotech. 10/18/07. Overview. Why search? How to search? ... Anti-eating face mask ...simple and inexpensive in construction, which does not ... – PowerPoint PPT presentation

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Title: Patent searching


1
Patent searching
  • MS Biotech
  • 10/18/07

2
Overview
  • Why search?
  • How to search?
  • What to do with results?

3
Patent Myths
  • Patents are valuable

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

5
Patent Myths
  • A patent means the invention works

6
Patent Myths
  • A patent means the invention works
  • As many as 10 of patents are invalid because the
    invention does not work as described

7
Patent Myths
  • A provisional patent is good for 1 year

8
Patent 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.

9
Patent Myths
  • You can patent an idea

10
Patent 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

11
Patent Myths
  • You must have made or used the invention to
    patent it

12
Patent 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

13
Patent Myths
  • A patent gives the owner the exclusive right to
    make, use, and sell her invention

14
Patent Myths
  • right to exclude others from making, using,
    offering for sale, or selling the invention
    throughout the United States
  • 35 USC 154

15
Patent Myths
  • A US patent is honored worldwide

16
Patent Myths
  • Patents are valid only in the territory in which
    they are granted

17
Patent Myths
  • If a search doesnt identify a patent to a new
    invention, the invention is patentable

18
Why conduct a patent search?
19
Typical 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

20
The anatomy of a patent
  • Title
  • Abstract
  • Specification
  • Background
  • Summary
  • Detailed Description
  • Drawings
  • Brief Description of Drawings
  • Examples
  • Claims

21
Mechanics 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

22
Mechanics of searching
  • Identify keywords
  • Abstract
  • Specific
  • Specialized
  • Identify key inventors
  • Study pioneering IP
  • Classifications
  • BRAINSTORM!
  • Do it again and again and again

23
Mechanics 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

24
Patent Search Tutorial
25
Keeping track of search terms
26
Keeping track of search results
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