Introduction to Patents

by Patrick Ragains

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.

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.

Requirements for Patentability:

New

Useful

Nonobvious

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.

Help for inventors

General advice, also covering the patent application process, is available at this FAQ site:

http://www.uspto.gov/faq/patents.jsp

Patent Claims:

The inventor’s 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.

Initial claim for the patent, Electronic football wagering game:

Patent classification:

The USPTO classifies technology and design using a numerical system.

Patent searchers must use the classification system in order to search thoroughly.

Patent classification search toolhttp://www.uspto.gov/web/patents/classification

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.)

Getting started on a patent search

Open 2 tabs in your web browser:

1. http://www.uspto.gov – to search and read patent text

2. http://www.pat2pdf.org or http://www.google.com/patents – to retrieve scanned patents, including drawings

Search at www.uspto.gov

Keyword searching covers 1976–present

Classification searching covers 1790–present

U.S. patent applications, published beginning March 15, 2001

Steps for a preliminary patent search

1. Search issued patents at http://www.uspto.gov, using descriptive keywords;

2. Review your results; note the patent classifications for the most pertinent items found;

3. Search by these classifications and review your new results;

Steps for a preliminary patent search (slide 2)

4. Modify or refine your search as necessary by checking other classifications and keywords;

5. For the most relevant patents found, view the full documents, with drawings;

6. Repeat this process for published patent applications.

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)

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.

It’s normal to repeat the process as your search becomes more focused and you identify the most relevant patent classifications.

Non-U.S. patent literature

Foreign patents (use esp@cenet on the Web or contact UNR’s Knowledge Center)

Scientific and technical articles and books

Product catalogs (e.g., Thomas Register and catalogs of individual companies)

“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.

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 firms—Beware!

Amusing patents:Vibrating soap bar Watch that keeps

“non-human” time

Abraham Lincoln’s patent: No. 6469, issued May 22, 1849

U.S. Plant Patent no. 14,770: Clematis ‘Pretty in Blue’

Where to go for help:

United States Patent and Trademark Office

• http://www.uspto.gov

• Menu-based telephone assistance: 1-800-786-9199