navigating the uspto: a brief tutorial harrison rose b.s. ee ‘12, j.d. ‘17 ece senior design...

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Navigating the USPTO: A Brief Tutorial Harrison Rose B.S. EE ‘12, J.D. ‘17 ECE Senior Design Fall 2014

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Navigating the USPTO: A Brief TutorialHarrison RoseB.S. EE ‘12, J.D. ‘17

ECE Senior Design Fall 2014

Step 1

Access the USPTO Online Data Base by visiting www.uspto.gov

Step 2

Select the “Patents” from the left most drop down menu Next select “Search Patents”

Step 3 Scroll down to “Search Full Text Patents (Since 1976) Click on Quick Search

Step 4

Enter the term(s) you want to search in the boxes For a multiple word term, use “ “ (ex. “electrical

engineering”)

Step 4 (continued)

All patents (since 1976), containing the searched term(s) somewhere in the patent application, will be displayed in order of acceptance from most recent to least recent

Step 4 (continued)

Since you are on a strict time schedule, for the purposes of this class, you will want to make your searches somewhat specific.

If your idea involves implementing GPS technology for a dog collar, do not start your search with just “GPS”. Begin the search with “GPS” and “dog collar”, and then proceed accordingly.

I find a match to my search…now what

Skim the Patent!

Read the abstract, description, claims, preferred embodiments, and look at the sketches/diagrams included

How similar is it to your idea? Is it just a provisional patent?

If it is very similar, does your idea contain an element to it that is unique and would not have been obvious to the inventor of the existing patent?

I found a match to my search…now what (continued)

If you are unsure if your idea is novel enough, discuss it with the professor and/or TA’s

Keep in mind that your idea may encompass combining ideas that already exist, but combining them to achieve a specific purpose may be novel (ex. GPS dog collars exist for tracking pets, but does a dog collar that uses GPS to assist a visually impaired person exist?). Applications can be novel!

Patents are also awarded on processes. How your project accomplishes a task may be novel!

Note: GPS Service Animal Collar existed following Spring 2012

My search finds no existing patents…now what

You are not necessarily in the clear

The art of patents is in semantics – ex. “GPS” and “dog collar” may not return any results, but “GPS” and “animal collar” or “global tracking system” and “dog” might

Broaden your search and then continue reading through the patents

Step 5: Continuing to Search

Clicked the “Advanced” button on the top of the search page

This method may yield some different results

Step 6: Other Search Methods

Click on “Patent Full-Text Databases (PatFT & AppFT) the side bar (this is a working hyperlink)

Step 7

Click “Search by Class”

Step 8

Click on either the “CPC Selections” (which will narrow your search by engineering discipline) or click on “USPC Class Numbers and Titles” (which will give you the listings for much more specific searches - ex. it has about 5 or 6 different categories like “Optics: motion pictures” and “Optics: image projectors”)

Use either of these search methods as your last resort/final check after applying Quick or Advanced Searches

Existing patents always find a way to slip through a search

Utilizing the existing patents

Regardless of what you find - cite it and make reference to it in your formal documentation!

You will need to explain how your idea is novel; referencing the patent will show that your idea is unique or a novel extension to the existing invention that is not obvious to someone well versed in the prior art

Patents are great examples of how to write your reports, test conditions, etc. The most skillfully drafted patents are just specific enough to establish novelty, but broad enough to encompass any future applications or improvements – IE Frame the project and its requirements in a way that will enable a successful Demo Day

Questions?

Senior Design Tips from an Alumni

Create a schedule and stick to it – routine meetings just to touch base are imperative

Time management is key - Do Not Procrastinate Have a back up plan – things are going to break and/or

not work. Find new ways to accomplish your task and as mentioned above use the time management to accomplish a different task even if it is out of order

Play off each other’s strengths, be efficient, and don’t be afraid to pass off a task- If it takes you 5 minutes to do task A and your partner 20 minutes to do task A; but you also have tasks B, C, and D (all of which are tasks only you have the technical knowledge to complete)…consider delegating the task

The writing/documentation can be just as valuable to your grade as your project’s technical merits