[ “HOW TO” Series No. 2 ] HOW TO USE THE INTERNATIONAL CLASSIFICATION IN CONDUCTING AN EFFECTIVE PATENT SEARCH
THE INTERNATIONAL PATENT CLASSIFICATION SYSTEM The international patent classification (IPC) is a hierarchical system in which the whole area of technology is divided into a range of sections, classes, subclasses and groups. It is an instrument for the orderly arrangement of patent documents in order to effectively search and retrieve the technological and legal information contained in patent documents. It is also the basis for investigating the state of the art in given fields of technology, and for the preparation of industrial property statistics.
Fig. 1 - Sample of a Bibliographic Page of a Philippine Patent Document [19] Intellectual Property Office BUREAU OF PATENTS
[21] Application/Serial No.: 54964
[11] No.:1-1996-54964 [45] Issued Date: September 14, 2001
International Patent Classification
[51] IPC: A23G 9/02, 9/26, 9/00
[22] Filing Date:December 6, 1996 [30] Priority: EPO Appln. No.:95203450.2 Date Filed:December 12, 1995 [71] Applicant/Assignee: Nestec S.A., Vevey, Switzerland [72] Inventor(s): Ginette Callens, Philip Igor Cathernaut, both of beauviais, France
[58] Field of Search: A23G 9/02, 9/26, 9/00 [56] Reference(s) Cited/Considered: None [74] Representative(s): Messrs. Siguion Reyna, et. al. P.O. Box 760 Makati City
[54] Title: Frozen Confectionary Containing Granulates For Efferevescence Upon Consumption [57] Abstract: US Pat. No. 5,783,239 issued on July 21, 1998 No. of Claiom(s):33 Drawing(s):4 sheet(s) Specification and Claim(s):18 Abstract/Claim:92 words
Allowance of the above-identified Patent Application is hereby recommended, it having complied with the requirements of the Patent Law. IRMA F. DIAZ Patent Examiner MARILOU B. ENCARNACION Asst. Division Chief Approved:
To be published in O.G. Fig. 1 & Abstract
EPIFANIO M. EVASCO
Director of Patents
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COMPLETE CLASSIFICATION SYMBOL A complete classification symbol comprises the combined symbols representing the section, class, subclass and main group or subgroup. Example: A 01 B 1/00 and A 01 B 1/24
A Section
01
B
1/00 1/24 Group
Main Group Subgroup
Class Subclass
EXPLANATION OF THE CLASSIFICATION SYMBOL SECTION The Classification represents the whole body of knowledge which may be regarded as proper to the field of patents for invention, divided into eight sections. See Fig. 2. Each section is designated by one of the capital letters A through H corresponding to specific fields of technology, as described in the section title. The section title is to be considered as a very broad indication of the contents of the section. The eight sections are entitled as follows: A HUMAN NECESSITIES B PERFORMING OPERATIONS; TRANSPORTING C CHEMISTRY; METALLURGY D TEXTILE; PAPER E FIXED CONSTRUCTIONS F MECHANICAL ENGINEERING; LIGHTING; HEATING; WEAPONS; BLASTING G PHYSICS H ELECTRICITY Each section title is followed by a summary of the titles of its main subdivisions. Within sections, informative headings from subsections, which are titles without classification symbols. Example: AGRICULTURE. CLASS Each section is subdivided into classes containing class symbol, class title and class index. Example: A 01 Agriculture; Forestry; Animal Husbandry; Hunting; Trapping; Fishing. SUBCLASS Each class comprises one or more subclasses containing subclass symbol, subclass title and subclass index. Example: A 01 B Soil Working In Agriculture Or Forestry; Parts, Details, Or Accessories Of Agricultural Machines Or Implements, In General. GROUP Each subclass is broken down into subdivisions referred to as “groups”, which are either main groups or subgroups. The contains the group symbol, main group symbol, main group title, subgroup symbol and subgroup title. Example: A 01 B 1/00 Hand tools 1/24 . for treating meadows or lawns. The title of 1/24 is to be read as: Hand tools for treating meadows or lawns. A 01 B 1/00 1/16
Hand tools . Tools for uprooting weeds.
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The title of 1/16 is a complete expression, but owing to its hierarchical position, the tools for uprooting weeds are restricted to hand tools.
Fig. 2 – Sample Page of the International Patent Classification
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CLASSIFICATION RULES 1. The IPC has to be used in such a way that one and the same technical subject is classified in, and thus can be retrieved from, one and the same place within the IPC. o
The technical subjects of inventions dealt with in patent documents concern either the intrinsic nature or function of a thing or the way a thing is used or applied. The term “thing” is used in this context to mean any technical matter, tangible or not, e.g., process, product or apparatus. This is reflected in the design of the Classification. It provides places for classifying: A thing “in general”, i.e., characterized by its intrinsic nature or function; the thing being either independent of a particular field of use or technically not affected if statements about the field of use are disregarded. [Function-oriented places] A thing “specially adapted for” a particular use or purpose, i.e., modified or particularly constructed. [Application-oriented places] The particular use or application of a thing. [Application-oriented places] The incorporation of a thing into a larger system. [Application-oriented places]
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The expressions “function-oriented place” and “application place” cannot always be regarded as absolute. Thus, a given place may be more function-oriented than another place but less function-oriented than yet a further place.
2. In certain places of the classification, some particular classifying rules are specified. The places where such rules apply are clearly marked by a note at the highest place covered by such classifying rules. The special rules for classification are as follows: o
Last Place Rule In certain parts or places of the classification, where a particular technical. Adopted when a particular technical subject in the IPC is covered by two or more places of the same hierarchical level or indentation. The technical subject is classified only in the place which appears last in the classification. The application of this rule is clearly indicated in the relevant Note in A61K, C07, C08G, C10M, G07D 5/00
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First place rule The technical subject matter is classified in the place that appears first in the IPC. This rule is clearly indicated in a relevant Note. A fertilizer, which contains MAGNESIUM PHOSPHATE, is classified in C05B which is concerned with inorganic fertilizer (C05B Phosphatic Fertilizer, C05D Inorganic Fertilizer not covered by subclass C05B).
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Principal constituent rule Composition is classified according to the constituent present in highest proportion; if all constituents are present in equal proportion, the composition is classified according to each of these constituents. Example Composition of MACROMOLECULAR COMPOUNDS
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3. Other Rules – in a limited number of places in the classification other particular rules exist which are clearly specified in notes at the places concerned, e.g., B32B, C04B 38/00, C08L, G05D.
PATENT SEARCH USING THE INTERNATIONAL PATENT CLASSIFICATION 1.
Determine the subject to be searched and the type of search to be carried out.
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2.
The subject of search may include processes, products, apparatus or materials (or the way these are used or applied). Know the important features or embodiment of the application by taking note of relevant keywords. The keywords are user-generated search terms that would be expected to be found in the text or content of the relevant document. For pharmaceutical compound, it is important to know the structural formula or the chemical name. If the generic name is given, refer to the Merck Index to get the structural formula as well as the granted foreign patents relating to the compound.
Determine the corresponding international classification. For most of the search types, the IPC search file is the primary search tool for patent search. Classification Strategy: a. Use the catchword index to locate the place covering the subject to be classified. In that case, the hierarchically higher places should be considered in order to verify the correctness of that group. b. If the use of the catchword index does not lead to a pertinent class, scan the contents of the sections that can be found at the beginning of each sections of the IPC.
3.
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The relevant section may first be identified, then the class and subclass, then finally, the main group or the lowest order subgroup which is still wide enough in scope to cover the essential characteristics of the technical subject to be classified, always bearing in mind that the scope of any group can never exceed the scope of its less indented group or that of its subclass; or
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Conduct statistical analysis by defining the keyword(s) that best describes the invention. By using the keyword(s), you can check for the IPC symbols that occur most frequently in the database as a result of a query. Remember to check their exact definition in the IPC manual.
After determining the correct classification, keywords and or the structural formula, manual or electronic search may now be conducted. MANUAL SEARCH a. Scan through the IPC search files with the corresponding class(es). o The inventor index and assignee search files may also be used depending on the available data. b. Take note of the patents that may be relevant or may correspond to the subject mater of search. c. Locate the full text patent document(s) in the IPO library. COMPUTER-ASSISTED SEARCH a. Open the database and type in the IPC or keyword(s) onto the appropriate textbox and click the command button to commence the electronic search process. The IPC can be used in combination with keywords or any other search criteria. b. Browse the files corresponding to the search results. c. Download or save the files that are relevant to the subject matter of search. d. When dealing with locally published patents, locate the full text patent document(s) in the IPO library.
4.
Analyze and examine the patent documents as to its relevancy and similarity to the subject of search.
5.
Summarize findings. Engr. Wilfredo Calaguan, BSME
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