The USPTO 8 Step Strategy for Patent Searching

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The USPTO 8 Step Strategy for Patent Searching

• A Basic Guide to Conducting a Preliminary Patent
  Search of U.S. Patents and Published Applications
  Online

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Preview of Information
Think of keywords for your invention
Look up keywords on USPTO Classification Charts
Record classes subclasses assigned to those
keywords
Look through those classes subclasses
Read the patents in those classes subclasses
Last, check Patent Applications too
Check Referenced Patents too
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Step 1- Determine Key Words and Initial
Classification

• Before searching, brainstorm words that you might
  use to describe your idea
• Avoid overly broad terms such as device,
  process, and system.
• Ask yourself questions about your idea

• What is the function of my invention?
• What is it made of?
• How will it be used?
• Is it a process or product?
• What are some common terms that might describe
  the nature of the invention?

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Step 1 Continued

• For example, it may be helpful to order terms in
  a decreasing scope
• Trap
• Animal
• Vermin
• Mouse
• (Self-setting mouse trap with a rotating
  platform-our new invention)

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Step 1 Continued

• Now, look up your keywords on the U.S.
• Patents Classification System page (available
  through
• library.uncc.edu/patents or USPTO.gov website
  at
• http//www.uspto.gov/go/classification/uspcinde
  x/indextouspc.htm)
• Utilize the Alphabet Selections at the top
  (best)
• Repeat search for any keywords you have. Be sure
  to record the
• class subclass numbers your invention
  relates to (also called
• Classifications)

BEST
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Step 1 Continued

• For Example, when we click on M, and then scroll
  down to Mouse, we see

No
Maybe
No
NO!!
YES
For Devices, we see 345 (class) / 156
(subclass) For Traps, we see 43/58 ( means
many subclasses pertain to traps)
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Step 1 Continued

• We should also look up T for Traps
• Scroll through entire list for potentials
• We should look up D22/119 later as well
• Here we see 43/58 again under animal
• Click on the 58 to see all the listings under
  that subclass

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Step 2 (Finally!)-The Classification Schedule

• (Note the dots you see are an outline system-
  they are used in place of A,B,C and 1,2,3
  etc.)
• Scroll through the subclass until you find terms
  that most specifically define your invention
• On the left, click the red P to see patents
  relating to those terms

(I)
(A)
(B)
(1)
(a)
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Step 3 (Death Valley)

• Now we have 43/58 to research
• Also subclasses under 43 of
• -69 -71 -74
• We also need to review D22/119 at this point

• We will want to click on the P next to 119 as
  all the other subclass headings (120) do not
  seem to pertain to our invention

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Why Death Valley?

• At this point, you have multiple classes and
  subclasses to research
• You know if youre on the wrong track because of
  the results youre getting

• You are also referred to other keywords to
  research
• This is considered ½ way through the process

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Step 4- Initial Search

• If we go back to M and Mouse, click on the P
  next to 71- rotatable platform, we see

First, the search reveals 34 patents with
rotatable as one of the keyword terms
Below, you see the actual patent numbers and
other keywords assigned to them
TSearchable Text Image
Third, you see the pre 1976 patents that are
images but non-searchable text
Image Non-Searchable Text
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STEp 4- Continued

• In each subclass, youll want to scan through
  the list of patent titles

• You can click on each title to view the abstract,
  full text, and images (1976)
• Review each one to narrow down the inventions
  that look closest to our mouse trap

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Step 4- TIFF reader

• To see the image of the patent
• First click on Image
• Your publication screen may be grey the
  computer may

tell you to install a TIFF reader it will take
you to this screen (otherwise, text images will
appear)

• Scroll down until you see

Select
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Step 4- Tiff Reader

• Your next screen will look like this

• Off to the right, select Install into Other
  Browser your computer will take you here

• Click on Download alternatiff-164.exe

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Step 4- Tiff Reader

• When File Download appears, select OPEN

• When download is complete, click CLOSE

• Click SETUP, when WinZip pops open

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Step 4- Tiff Reader

• Then, click NEXT for Auto Registration

• Fill out the Registration Information click NEXT

• Then click SEND Registration

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Step 4- Tiff Reader (last)

• Click on OK

• Then click on INSTALL

• Click on OK the program should close take you
  back to the USPTO website

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Step 4- View Images

• Now you are able to see the patent text and images

• Scroll down (VERY SLOWLY) to see an image of this
  invention

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Step 4- View Images

• Use the gold arrow buttons to look at consecutive
  or previous pages

• You can also use the Search box type in
  specific page numbers

Last Page
Previous Page
First Page
Next Page

• Tells you which page of the image youre on

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Step 5- Identify Patents

• At this point, you have multiple patents in
  multiple classes and subclasses
• You will want to review each one to identify
  which most closely resembles your invention
• Be sure to scan the text as well as the images
• Record the patent numbers that you will want to
  read and print for thorough examination

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Step 6- Read, Read, Read!

• You have 2 choices at this point
• Continue to use the USPTO website to read through
  all the patents online but you are only able to
  print 1 page at a time, if you need to print
• Use the Library CASSIS system DVDs to read
  through all the patents and print all pages of
  each patent to view offsite

OR
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Rudy, Rudy, Rudy!

• Just because patents seem similar to your
  invention, DO NOT GIVE UP!
• There are still 2 potential options concerning
  your invention
• You can still apply but with an improvement on
  the already existing invention/patent/application
• You can still apply in order to prevent others
  from using that specific innovation BUT you will
  only have rights to the improvement not the
  original invention your improvement is based upon

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Step 7- Cited References

• In each patent you view, there is a section of
  References Cited on the 1st page
• This refers to earlier patents that an inventor
  cites as a reference
• There is also a section Referenced By
• These are patents filed later that reference the
  patent you are viewing

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Step 7 Continued

• As you go back and check classes and subclasses,
  be sure to view the various patents within those
  areas
• Record References Cited and Referenced By
  Patents
• Also thoroughly review those patents
• May include new keywords to try
• May also reference other classes subclasses to
  review

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Step 7- Last

• To review patents by utilizing the patent number
• Go to the USPTO.gov website click on Patents,
  Search
• On the Green Box, click Patent Number Search
• Enter the Patent Number in the box Search

USPTO Home Page
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Step 8- PG Pubs (Pre-Grants or Applications)

• Not only do you want to check patents
• Now you also want to check applications
• Patent applications are published 18 months after
  being filed
• Applications tend to have more information than
  patents
• Sometimes, you will find both a published
  application and an approved patent for the same
  invention- more info for you!
• Began on March 15, 2001

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Step 8- Continued

• To locate published applications by number

• Go to USPTO home, Patents, Search,
• Then Publication Number Search
• Type in Application Number, click Search

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Step 8- Continued (Application Search)

• However, another way to search applications that
  is useful is through the Quick Search (Query)
• Here you will type in 2 terms select where they
  need to appear (title, etc.)
• Also, Boolean logic is available

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Step 8- Continued (Application Search)

• Review your results in PG Pubs
• Determine relevance to your invention
• Print for further review if necessary
• Also, may be new keywords, classes, and
  subclasses to review

Notice different numbering system for Apps than
Patents
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Step 8 Continued (Application Search)

• A third useful way to search Applications is by
  Class and Subclass
• It is a smaller database, which provides less
  hits but helps you cover all your bases
• Select Patents, Search from USPTO home page
• Select Advanced Search

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Step 8-Last (Application Search)

• Now type in CCL/43/58 to search class 43 and
  subclass 58

CCL/43/58
(CCL stands for Current US Classification )

• Research these results for relevancy to your
  invention
• Record keywords for further research

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Fin- End of the Course

• Youve now completed a very thorough search for
  patents and applications
• A preliminary, novice patent search takes an
  average of 13 hours
• Again, we cannot perform the searches, but
  provide methods for searching
• We also do not fill out forms or provide advice
  on any matters related to these issues

Finish Line!

• All we can do is teach them how to search