Creative Problem SolvingCreative Problem Solving & & Thinking Creatively Lead to Thinking Creatively Lead to New New

InventionsInventionsHow Do You Protect Them?How Do You Protect Them?

Suzanne L. ReinmanAssociate Professor501 Edmon Low Librarysuzanne.reinman@okstate.edu ,(405) 744-6546www.library.okstate.edu/patents/

You have a new product, You have a new product, technology, servicetechnology, service (or an idea for (or an idea for

one) OR one) OR new researchnew research

What are your first steps?

Starting a BusinessStarting a BusinessStartup: SEARCH to see if your

invention or product already exists◦ and potentially protect your ideas (intellectual

property)

Planning (business plan)FinancingMarketingEmployeesTaxesLegal aspects

Intellectual PropertyIntellectual Property

Property that can be protected under federal law and bought or sold◦ Patents◦ Trademarks◦ Copyrights

Section 8 of Article 1 of the U.S. Constitution:◦ “Congress shall have Power To promote the

Progress of Science and useful Arts, by securing for limited times to Authors and Inventors exclusive Right to their respective Writings and Discoveries”

Protection vs. ‘practical’Protection vs. ‘practical’

Intellectual property (protection from the government issued

on paper)vs.

Business plan, financing, production, marketing

This class will:This class will:Assist you with a preliminary U.S.

patent search via the U.S. Patent and Trademark Office website: http://www.uspto.gov/

◦ Visit with a registered patent attorney for a professional search and potential submission of a patent application

◦ Visit with the New Product Development Center/Inventors Assistance Service, etc.

Search Patent LiteratureSearch Patent Literature

To see if a product has already been developed

For ideas to improve existing researchFor new areas of research

USPTOESPACENET: European Patent Office

Preliminary Patent ResearchPreliminary Patent Research

Search at no charge to determine if an invention/research has already been patented—lessen need to proceed through the long, expensive patent process. (There are 7,500,000+ U.S. patents)

◦ Even if you don’t decide to take the route of a patent, you still need to determine if your invention is patented by someone else before you can produce and market it

Preliminary Patent ResearchPreliminary Patent Research

Just because it’s not on the shelves at Walmart doesn’t mean an item hasn’t been patented or doesn’t exist (there are 7,500,000 U.S. patents)

◦ 4% of what is patented enters commerce as a product or service

◦ Patents are a key source of technical information not included in traditional literature searches, etc

Search Using U.S. Search Using U.S. ClassificationsClassificationsSearching U.S. Classifications (470 subject categories) is critical to a good preliminary search

Keyword searching will yield incomplete results (USPTO or elsewhere)

Google Patents? Google Patents?

Google Patents◦ http://www.google.com/patents◦ Use to identify one or two relevant

patents◦ Offers keyword searching to ‘1776’ versus

1976 (USPTO)

FreePatentsOnline◦ http://www.freepatentsonline.com/

**Fine for keyword searches, but not in-depth preliminary research**

Search U.S. TrademarksSearch U.S. Trademarks

To see if a name or logo for a company, good, or service is in use

USPTO

The Patent and Trademark Library The Patent and Trademark Library at at OSUOSU

Part of the USPTO’s Patent and Trademark Depository Library Program: a nationwide network of 84 libraries set up to disseminate patent and trademark information and assist with preliminary U.S. patent and trademark research

The Patent and Trademark Library The Patent and Trademark Library at at OSUOSU

http://www.library.okstate.edu/patents/

501 Edmon Low Library(405) 744-6546

◦ Call to make an appointment◦ Have a complete understanding of how

your invention works

What is a Patent? What is a Patent? (U.S.)(U.S.)

Provision in Title 35 of the United States Code (U.S. Law)

Must be a new and useful machine, item of manufacture or composition

Must be non-obvious, and reproducible by one skilled in the art

Patent grants the right to exclude others from making, using, or selling an invention for a period of time, but it is publicly disclosed

Three types of patents: utility, design, and plant

What What cannotcannot be be patented?patented?

An idea: inventions must be reducible to practice

Laws of nature/naturally occurring articles

Scientific principlesMethods of doing business

◦ Exceptions: software and Internet methods of doing business

UtilityUtility Patents PatentsWhat we think of as a “patent”

◦ Protect how the item WORKS◦ Legal language defines the actual

parameters of the protection◦ Length of protection is 20 years from date

of file, provided maintenance fees are paid◦ Applications are published 18 months after

filing (American Inventors Protection Act AIPA)

Potential Utility Patents:Potential Utility Patents:

Chemical compositions: toothpaste

Articles of manufacture: tennis ball

Machines: drill

Processes: “Data storage array method and system”

Stephen McKeever, OSU Physics Dept.

Assigned to the OSU Board of Regents

A bimodal method for determining an unknown absorbed dose of radiation. An irradiated material is illuminated with ultraviolet or visible light and the luminescence which is emitted from the material is detected. The illuminating light is pulsed, with pulse widths varying from 1 ns to 500 ms. The luminescence emission from dosimetric traps is monitored after a delay following the end of the illumination pulse.

Current U.S. Class: 250/459.1; 250/484.5

Design & Plant PatentsDesign & Plant Patents

Design patents protect how the item LOOKS◦ Less expensive to obtain, protect for 14

years

Plant patents protect a variety of plant such as roses, begonias, etc.

Patents WorldwidePatents Worldwide

Most industrialized countries offer inventors protection in the form of a patent. Standards vary from country to country

If an invention has been patented in one country, it cannot be patented in another: it has already been patented in the “world”

There are international treaties that allow U.S. inventors to obtain patent protection in other countries if they take certain required steps (See WIPO, http://www.wipo.org/)

Foreign PatentsForeign PatentsSearch foreign patents via the

European Union site◦http://ep.espacenet.com/

Search using the international classification found on a U.S. patent

Coverage varies by countryNot a complete search

Do you need a patent?Do you need a patent?

Patents:◦Are a bureaucratic, complicated

venture◦Are expensive: average cost $8,000-

$15,000 and up (U.S.)◦Need assistance from a patent

attorney to be successful◦Take a while to issue: from the date

of filing, 1.5 to 2 years

What is a Federally Registered What is a Federally Registered Trademark?Trademark?

Provision in Title 15 of the United States CodeWord, name, symbol or device that

identifies the good/services of one entity from goods/services of another in interstate commerce

Owners of marks may seek federal registration because of procedural and legal advantages over state and common law trademark protection (a state trademark protects you in that state only)

Protection is indefinite, if fees are paid® symbol is for a registered mark. “Tm” and “Sm”

indicate a pending or unregistered Good and Service.

CopyrightCopyrightProvision in Title 17 of the United States CodeProtection for creative expression, not

the factsAutomatic protection is given to printed works,

software, artwork, photo, video, software and practically everything on the Internet, once “fixed in any tangible medium of expression” but register for more protection ($45 fee)

Duration of protection runs the life of the author, plus 70 years

See the U.S. Copyright Office at the Library of Congress http://www.copyright.gov/

Trade SecretsTrade Secrets

Patents are published, and eventually protection runs out

If something is so essential to a company’s business that they don’t want anyone else ever to be able to use it, they keep it as a trade secret and do not disclose it

Examples: the formula for Coca-Cola

U.S. and International Classification U.S. and International Classification SystemsSystemsU.S. and an international classification

systems classify patents by technology groups

Noted on the first page of a patent

It is important to determine the appropriate classes/subclasses for your invention and to examine all of the patents in those classes/subclasses

There are 470+ U.S. ClassesThere are 470+ U.S. ClassesFind classes applicable to your Find classes applicable to your product/researchproduct/research

Each subclass within the class contains a list of issued patents

Each subclass meets certain criteria depending on the hierarchy

To determine where your To determine where your invention/research fits in the 470 invention/research fits in the 470 classesclassesStart with a keyword searchLocate applicable patentsExamine their classificationsSearch these classifications

Steps to Starting a Patent Steps to Starting a Patent SearchSearch

1. Start at Google Patents http://www.google.com/patents 2. Click on the Advanced Search 3. Think of words that describe your research/invention and type

these in the first box: “with all of the words" 4. Look through the list of patents retrieved and locate a patent that is in your area of research

5. Click on it and then click on “View Patent at USPTO” 6. Note the classes/subclasses on this patent. 7. Plug these in at USPTO http://www.uspto.gov/go/classification

8. Click on the red ‘P’s’ to examine all patents in those classes.

9. Also search published applications by class. 10. Can also search by Inventor, Location, Date, etc.

For international patents search Espacenet http://ep.espacenet.com/

A motorized or automated shade A motorized or automated shade system for an automobilesystem for an automobile

Example keywords◦ automatic sun shade vehicle

Google Patents Advanced Search

4. Look through the list of patents retrieved

Note classes and subclasses. If this patent is close to your idea, all of the patents in these classes/subclasses should be examined.

Click here for official U.S. patent with images

This is page one of patent no. 6,666,493: Automatic Sun Visor and Solar Shade System for Vehicles

Use Current U.S. Classes noted in a patent and go back and do a thorough class/subclass search:

296/97.4

296/97.8

Step 7: Step 7: http://www.uspto.gov/go/classification/http://www.uspto.gov/go/classification/

In class In class 296 Land Vehicles296 Land Vehicles, , 97.4 With actuating means for moving97.4 With actuating means for moving

Click on the red P’s and blue A’s to see the patents and pending patents in any of the subclasses. You can view patents back to 1790.

Click on the subclass numbers for definitions or more information about the subclass.

This is the Definition for subclass 97.4, Glare screen or visor with actuating means for moving in class 264 Land Vehicles. Note the suggestions for other subclasses to search.

By clicking on the red P, this is a listing of the 206 patents in Class 296 Subclass 97.4

Click on the blue A for the pending patents.

Vehicle with a Protective Sun Shade in the Roof

Patent No. 6,536,829

Motor Driven Sunshield

Patent No. 6,227,601

To easily print a U.S. patent To easily print a U.S. patent when you have the numberwhen you have the numberPat2PDFhttp://www.pat2pdf.org/Full-text of U.S. patents in .pdf

ConclusionConclusionIn general ... Patents protect an

invention and how it worksPatents are available on the

Internet, but are not as easy to search as it appears

Thorough patent searching requires that an appropriate class/subclass be found and patents in that class/subclass be examined