introduction to patent searching
TRANSCRIPT
Introduction to Patent Searching
UCONN Technology Incubation Program, Farmington, CT
Robert Kasten, Patent Agent*203-772-7729 | [email protected]
*Not an attorney; nothing in this presentation is intended to include legal advice
Why would you do your own search?
• Save money
• Save time and other resources
• Learn what your competition is doing
• Learn from the mistakes of others/take all available shortcuts
• What space is left for you to innovate?
What are we looking for?
What counts as prior art?
• Searchable
Patents
Published patent applications
Published journal articles
Presentations/presentation abstracts
• Non-Searchable
Sales/offers for sale
Unpublished patent applications
What does the USPTO ask its Examiners to do?
How do Examiners Search?
What Kind of Search Do You Need?
FTO v. Patentability
Patentability
• Patent focused
• Patent and NPL important
• Whole patent
• Everywhere
Freedom To Operate
• Commercially focused
• Patents only
• Patent claims only*****
• Territorial
Design-Around
How to Search, Where to Search
How to Search?
• What kind of search do you need?
• Where are you looking to do business?
• What resources do you need to use to find relevant references?
• Compile search terms. What is your invention?
How to Search?
• What kind of search do you need?
• Where do you need protection?
• What resources do you need to use?
• Compile search terms. What is your invention?
• Execute your search.
• Review search results.
• Review cited references.
• Assignee and Inventor search.
• Iterate!
RESULTS ARE NOT AN OPINION ON PATENTABILITY
DUTY TO DISCLOSE
Where to search…
• Publically Available Patent Databases
• Classifications• Cooperative Patent Classification (CPC)• International Patent Classification (IPC)• United States Patent Classification (USPC)
• US Patent and Trademark Resource Center
• Relevant Trade Sources (PubMED, ScienceDirect, SpringerLink, trade journals, and the like)
COOPERATIVE PATENT CLASSIFICATION
H 01 F 1/00
Section
COOPERATIVE PATENT CLASSIFICATION
COOPERATIVE PATENT CLASSIFICATION
H 01 F 1/00
Class
COOPERATIVE PATENT CLASSIFICATION
COOPERATIVE PATENT CLASSIFICATION
H 01 F 1/00
Subclass
COOPERATIVE PATENT CLASSIFICATION
COOPERATIVE PATENT CLASSIFICATION
H 01 F 1/00
Group
COOPERATIVE PATENT CLASSIFICATION
Where to search…
www.uspto.gov
Where to search…
Where to search…
Where to search…
CPC/H01F1/00
Where to search…
Where to search…
www.epo.org
Where to search…
H01F1/00
Where to search…
patentscope.wipo.int
How to search…
PCT/JP2013/072194
How to search…
Other Resources…
www.freepatentsonline.com
Other Resources…
Other Resources…
pubchem.ncbi.nlm.nih.gov
Other Resources…
Other Resources…
Other Resources…
blast.ncbi.nlm.nih.gov
Other Resources…
Other Resources…
Questions?
