Patent Searching for Competitive Intelligence

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Patent Searching for Competitive Intelligence

• Michael Shochet, Langsdale Library
• mshochet_at_ubalt.edu

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Whats the deal with Patents?

• Patent holder has the exclusive right to make,
  use, sell, import, etc. an invention.
• Term of patent 20 years from earliest claiming
  filing date
• for patents filed on or after June 8, 1995.
• For utility patents.
• In return, patents are made public

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Legal Requirements for aUtility Patent

• One of these five classes
• Process (method)
• Machine
• Article of Manufacture
• Composition
• Useful
• Novel
• Non-obvious

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Patent Timeline

• Must file within 1 year of initial public
  disclosure (U.S.)
• Provisional Patent Application (1 year)
• Patent Application (avg. 22 months)
• Becomes public after 18 months
• Applicant can request that application not be
  made public

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Business Information
Application becomes public
Provisional
Application
Patent
1 year
18 months
6 months
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Business Intelligence

• What are new, upcoming developments in the
  field?
• Patents when issued, may need more development
• Application can be public 6 months before the
  patent issues
• Who are my potential competitors?
• Who are my potential partners?
• What are my competitors doing?

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Novelty and Prior Art

• Novel differs from all prior developments that
  are available to the public anywhere in the
  world.
• 102 describes prior art as something that is
  known, used, patented (including applications),
  or described in a printed publication.

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Search for Prior Art

• Literature Review
• U.S. Patent Search
• Patent Classification codes
• International Patents (European Patent Database,
  Japanese Patent Abstracts, WIPO).

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Patent Classes
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Automatic Integrated Distress Device
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Manual of Classification
http//www.uspto.gov/web/patents/classification/in
dex.htm
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Patent Search USPTO
http//patft.uspto.gov/
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EPIRB

• Emergency Position Indicating Radio Beacon
• devices which cost from 200 to about 1500, are
  designed to save your life if you get into
  trouble by alerting rescue authorities and
  indicating your location
• http//www.navcen.uscg.gov/marcomms/gmdss/epirb.ht
  m
• Other terms
• Distress radio beacon
• emergency beacon

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Initial Search Result

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Comparable Patent
CLASS 441 BUOYS, RAFTS, AND AQUATIC DEVICES 110
Marker buoy, responsive to hydrostatic pressure
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Patent Class Search
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Dont forget patent applications
http//patft.uspto.gov/
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Automated Integrated Distress Device
Class 42/1.15 Flare type gun Class
102/342 Ammunition and Explosives/Pyrotechnics/ F
lare with means to eject flare from casing
7,261,037Pyrotechnic animal dispersal device
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Comparable Patent revisited
CLASS 441 BUOYS, RAFTS, AND AQUATIC DEVICES 110
Marker buoy, responsive to hydrostatic pressure
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(No Transcript)
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Search by Assignee
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Business Intelligence

• What are new, upcoming developments in the
  field?
• Patents when issued, may need development
• Application can be public 6 months before the
  patent issues
• Who are my potential competitors?
• Who are my potential partners?
• What are my competitors doing?

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Places to Search

• Patents
• USPTO http//www.uspto.gov/patft/index.html
• Google http//www.google.com/patents
• Lexis-Nexis http//researchport.umd.edu/sourceUM
  D02132
• Esp_at_cnet http//www.espacenet.com/access/index.en
  .htm
• Patent Applications
• USPTO http//www.uspto.gov/patft/index.html
• Lexis-Nexis http//researchport.umd.edu/sourceUM
  D02132
• Google http//www.google.com/patents
• Esp_at_cenet http//www.espacenet.com/access/index.e
  n.htm
• Patent Assignments
• USPTO http//assignments.uspto.gov/assignments/q

The UB Law Library is a Patent Trademark
Depository. You can search for all patents and
patent applications using PubWest, the same
system used by patent examiners.
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Patent Searching via Lexis-Nexis Academic
http//researchport.umd.edu/sourceUMD02132

• Can search by keyword
• Can search US patents and patent applications all
  at once
• Can search by assignee
• Can search international patents
• Full text, but no drawings

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Patent Searching via Lexis-Nexis Academic
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Patent Searching via Lexis-Nexis Law Students
only

• Can search by keyword or numerous fields
• Can search US patents and patent applications all
  at once
• Can search international patents
• Drawings are available
• Cost once you leave law school

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Patent Searching at USPTO
http//patft.uspto.gov/

• Can search by numerous fields (1975 )
• Patents prior to 1975 are searchable only by
  class and patent number
• Patents and Patent Applications are searched
  separately
• Images are available but you need a special
  plug-in, and can only print one page at a time

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Patent Searching with PubWest at UB Law Library

• Can search by numerous fields (1975 )
• Patents prior to 1975 are searchable only by
  class and patent number
• Patents and Patent Applications are searched
  separately
• Can download full text-images at once

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Patent Searching via Google Patents
http//www.google.com/patents

• Can search by keyword. Full-text goes as far
  back as 1790
• Advanced search offers fields
• Can search US patents and patent applications all
  at once (a few months delay?)
• Can download full patents as PDF file

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Technology Transfer

• Government Agency
• Federal lab
• University Researchers
• Private Industry
• Companies
• Entrepreneurs
• Individual Inventor

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Technology Transfer Organizations

• AUTM (Association of University Technology
  Managers)
• FLC (Federal Laboratory Consortium of Technology
  Transfer)

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Federal Register

• Federal Labs post a notice when
• They have a technology available for license
• They grant a license
• Exclusive
• Non-exclusive
• http//www.gpoaccess.gov/fr/
• (also available through Lexis-Nexis)

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patent AND license AND energy
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Even Better place to search the federal register

• http//fdsys.gpo.gov/
• Advanced Search option
• http//fdsys.gpo.gov/fdsys/search/advanced/advsear
  chpage.action

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Questions?

• Michael Shochet, Langsdale Library
• mshochet_at_ubalt.edu