patent basics linda shackle noble science & engineering library room 130e 480-965-7601 ...

Patent Basics

Linda ShackleNoble Science & Engineering Library

Room 130E480-965-7601

http://libguide.asu.edu/[email protected]

http://libguide.asu.edu/patents

mailto:[email protected]

Includes:

– Copyrights

– Trademarks

– Trade Secrets

– Patents

Intellectual Property: A Collective Term

A grant by a government agency giving an inventor the monopoly right to prevent others from making, using or selling his/her invention for a limited time.

What is a Patent?

In return, the inventor must disclose all that s/he knows about the invention in the patent application.

In the U.S., the inventor chooses to have the application either published immediately OR after 18 months if still pending.

What is a Patent?

10-3-07

What is the Value of a Patent?

• Incentive to invent

• Security of investment

• Control of market

• Building block for future inventions

• Valuable as source of information

What is the Value of a Patent?

• Much of the information contained in patents is never published anywhere else

• Monitor business competition

• Useful before interviewing for a job

• Source of historical information

Patents as Information

Patents as Property

• Can be sold (“assigned”) for a lump sum

• Can be inherited by heirs

• Can be licensed to another party with inventor receiving royalties while retaining patent

• June 8, 1995– Utility Patent term changes from 17 years from date of

issuance to 20 years from date of application

– Option to file a provisional patent application

• March 15, 2001– Patent Applications are made public but inventors are

allowed to request an 18 month delay

Changes in US Patent Law & Procedure

• January 1, 2013– Along with European Patent Office, switch to

Cooperative Patent Classification (CPC) system for utility patents

– Two year transition period in which both USPC and CPC categories recorded on patent

• March 15-19, 2013– Patent priority is given to “First to File” over “First to

Invent”– Micro Entity discount

Changes in US Patent Law & Procedure

• Plant -- 20 year term from date of filing

• Design --14 year term from date of issue

• Utility -- 20 year term from date of filing

Types of U.S. Patents

PP7801

Poinsettia Plant Named

Marjo White

20 year term from date of filing

Plant Patents

Design Patents

14 year term from date of issuance

More Design Patents

20 year term from date of filing (if maintenance fees paid)

• Machine• Article of Manufacture• Process• Composition of Matter• Business methods• Any new, useful improvement of the above

Utility patents

US 7,702,395

Patent Format

http://www.google.com/search?q=patent:7702395&tbm=pts&tbo=1&hl=en

• Title• Inventors• Assignee• Application date• Patent Number and Issue Date• Classification• Field of Search• References Cited• Abstract• And more!

Patent Format: Front Page

Patent Format: Page 2+

• Drawings

• Description of Drawings

• Background of the Invention

• Summary of the Invention

• Detailed Description

Patent Format: Page 2+

Claims!

Patent Format: Last Part

Why Do a Patent Search?

To Save $$$$$!

Why Do a Patent Search?

If there is “prior art that anticipates your invention,”

OR

If a single earlier reference shows or describes every feature of your invention,

Why Do A Patent Search?

Your invention lacks novelty and is not

patentable.

Why Do A Patent Search?

Definition

The body of technical information that was available or accessible to the pubic at the

time of or before the invention.

Prior Art

• U.S. and foreign patents (issued and applications)

• Journals and magazines (articles, letters to editor, ads)

• Conference proceedings

• Trade Catalogs

• Dissertations/Theses (available to public)

Prior Art

• USPTOhttp://patft.uspto.gov

• EPOhttp://worldwide.espacenet.com

• Google Patentshttp://www.google.com/patents

• SciFinder (chemical patents)Access via Libraries home page -> Research Databases

Patent Search Tools

http://patft.uspto.gov/

http://worldwide.espacenet.com/

http://worldwide.espacenet.com/

http://www.google.com/patents

• Grants and Applications in separate databases– Grants updated on Tuesdays– Applications updated on Thursdays

• Full Text (1976-Present)

• Images (1790- present)Now in available in pdf!

Patent Search Tools: USPTO

Search engine features:• Phrase searching (default)

• Field searching is available

• Results display in Reverse Chronological order

• Pre-1976 patents only searchable by classification or by grant number.

Patent Search Tools: USPTO

• Patent info from almost every country

• Many full text but not all

• Machine translations

• Shows equivalent and related patents(Ex. Semiconductor nanowire devices, GB2459251)

• PDF full text

• Printing limited to docs less than 250/500 pages

Patent Search Tools: EPO Worldwide

• Searchable full text

• Both US and foreign (Unknown update schedule)

• PDF images from 1790 to present for U.S.

• Links to EPO for foreign patents

Patent Search Tools: Google Patents

Search engine features– Some fielded searching– Search applications & grants simultaneously– “Prior Art Finder” helps with keywords

Patent Search Tools: Google Patents

Searching for Patents?

Keywords will

NOT

Get you where you need to go!

What Is It?

The Language of Patents

What it is

Not what it does

Not what it’s used forNot the trademark under which it’s marketed


US 4756529

Generally Spherical Object With Floppy Filaments to Promote Sure Capture


http://www.google.com/search?q=patent:4756529&tbm=pts&tbo=1&hl=en

Occupant Propelled Wheeled Land Vehicle


Occupant Propelled Wheeled Land Vehicle

Bicycle

USPC: 280/200CPC: B62


Rockable Animal Simulation Having Rider Seat Means


Rockable Animal Simulation Having Rider Seat Means

Rocking Horse

USPC: 472/95CPC: A63G 13/00


Coating Implement with Material Supply in an Expendable Sheath


Coating Implement with Material Supply in an Expendable Sheath

Pencil

USPC: 401/96CPC: B43K


If you rely only on keyword searching you will miss relevant patents


Why doesn’t everybody just call things by the same name?


They do!

It’s called “patent classification”


http://www.uspto.gov

How to Search for Patents

http://www.uspto.gov/

http://www.uspto.gov/

Example 1:

What are the recent innovations for

baby incubators?


A61G 11/00


Example 2:I’ve created a stent for cardiology

patients that is made from a mesh that I think is more flexible but stronger

than anything currently on the market.

I need to know if anyone else has already patented this.


• A61F 2/91• A61F 2/915• A61F 2/07 • A61F 2/856


The ASU Libraries


Expand the categories by clicking on the plus sign

To see the definition of the category, click on the link


• Started in January 2013

• All previously issued US patents will have CPC assignments(But only for the primary US Class/subclass)

• Used for utility patents only(Design and Plants will continue with US classification)

• US classes will only be recorded on utility patents through December 2014

CPC (Cooperative Patent Classification)

Keywords Plus Classification!


1. Find a few patents similar to your invention

2. Note the CPC categories for these patents

3. Look up categories in the CPC schedule

4. Read the definitions and the “see references”; explore around those areas to determine appropriate categories

5. View the patents and applications placed in these CPC categories

6. Do these patents give you other possibilities for CPC categories? If so, repeat steps #3-5


http://libguides.asu.edu/patents

http://libguides.asu.edu/bioengineering

Library Guides

http://libguides.asu.edu/patents

http://libguides.asu.edu/bioengineering

Ask a Librarian!http://lib.asu.edu/help

Resources

http://lib.asu.edu/help

Questions?

The ASU Libraries

The ASU Libraries

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