PATENT SEARCHING By Nitin Niar Brain League IP Services
© 2009 Brain League IP Services Pvt. Ltd.
Sample patent document
Search at various stages of Patent
Conception Stage Research and Development Stage Patent Application Stage Litigation Stage
Why Search for Patents? To determine novelty of the invention To determine if it is useful and non-obvious To be abreast with the field of invention To track competing products To avoid infringement Invalidation search
Patent databases
Public Databases
www.uspto.gov www.espacenet.com www.freepatentsonline.com www.wipo.int www.google.com/patents
Private Databases
www.delphion.com www.micropatent.com
Searching for patents Patent number Keyword Other ways to search
Classification
International (IPC), U.S. Classification, European Classification, etc.
Dates
Application, Issue, Publication, etc.
Names
Applicant, Inventor, Assignee, Examiner, Attorney/Agent, etc.
Numbers
Patent, Publication, Application, Priority, etc.
Classification Classification is based on subject matter. Each patent office has its own classification system. e.g.: a) 91/465 ; 5/600; 74/110; 74/520; 91/471
b) A61G 13/00; A61G13/10; F15B 011/08
USPTO
United States Patent http://www.uspto.gov U.S. Patent database is the largest technical database in the world! If you’re looking for the “state-of-the-art,” you must search the U.S. Patent database!”
Seven step Strategy 1.
2. 3.
4.
5. 6. 7.
Determine initial classification (use Classification Index or do a patent keyword search). Scan the class schedule in the Manual of Classification. Read Subclass definitions to establish the scope of the subclasses. Browse patent titles and abstracts. Repeat as necessary. Retrieve the subclass listing. Review full text patent documents. Check References Cited, Referenced by and previously published applications in relevant patents.
USPTO
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USPTO
PN Patent Number IN Inventor Name ISD Issue Date TTL Title ABST Abstract ICN Inventor Country SPEC Description/Specification AN Assignee Name
E.g.: ICN /(India) and AN/ (SISO) and SPEC/(cellular device)
CCL Current US Classification ICL International Classification APN Application Serial Number APD Application Date REF Referenced By FREF Foreign References PCT PCT Information GOVT Government Interest
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USPTO
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USPTO
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USPTO Other ways to define classes Conduct an advanced search to retrieve the most relevant patents Check their classes Read the definition and continue…
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EPO
http://ep.espacenet.com/ Provided by the European Patent Office Searchable in original language of patent application Includes patent publications from around the world including UK, EP, WO, European, Japanese, worldwide patents Full-text PDF documents including drawings, descriptions, claims are available for free for most of the retrieved patents
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EPO Databases Covered EPO WIPO World wide
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EPO
EPO Covers patents filed and published through the EPO route within 24 months It is not possible to perform searches either in the abstract field or using a European Classification symbol.
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EPO
WIPO Covers patent applications published by WIPO in the last 24 months Not possible to perform a search in the abstract field or using a European Classification symbol.
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EPO
Worldwide Information about published patent applications from over 80 different countries and regions. EPO patent application older than 24 months WIPO Patent application older than 24 months All JP Patents since 1976 irrespective of their filing route
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EPO - Positives
Classification standards almost same but more comprehensive than international classification Can search for WIPO, worldwide and EPO patents under one umbrella. Good source for legal status and equivalents data Link to EPO register Can save searches Last search is automatically saved Family equivalents including US patents
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EPO - Negatives Result limit: 500 Often classification search needs to be clubbed with keywords to reduce the results. Field restrictions are few as compared to USPTO No of classes are less. Thus no. of patents per class is more.
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WIPO
http://www.wipo.int/pctdb/en/ Only documents through the PCT route can be searched
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WIPO
Types of Searches Simple Advanced Structured Classification search
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WIPO - Positives
No display limit Structure search enables 11 restriction fields at once Can search in claims Details of national phase entry wherever available Can search by week All documents and notices related to the application is available (file history)
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WIPO - Negatives
Fewer no. of classes IPC classification covers fewer groups compared to ECLA
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Big Patents
Can search only bibliographic data Alphabetical list of assignee So far the best online source for Indian patent search
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Delphion
http://www.delphion.com
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Delphion
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Delphion - Advanced Search
And Or Not <, =, >, <=, <=
? * [weight]
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Delphion - Positives
Allows search in US, EP, WO, DE, JP Derwent titles Extensive list of restriction fields Can search in claims INPADOC search Clustering and mapping based on Keywords Export results to excel File history available for a cost Alerts
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Delphion - Positives
Snapshots: Statistical data
Top Assignee Top Inventors How many patents being filed in a particular are per year
Non Patent Prior art Search Relevancy Score Classification search possible once classes are identified
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Delphion - Negatives
Limit of 500 results
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Micropatent
http://www.micropat.com
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Micropatent
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Micropatent
AND OR NOT XOR * *n ?
<= >= <> ADJn NEARn
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Micropatent - Positives
Allows search in US, EP, WO, DE, FR, JP, GB Sort result by family Worksheets Save queries: Allows to rerun the search anytime Can export results to EXCEL Patent graph: top 10 assignee, top ten classes Alerts file history
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Micropatent - Positives
1 member per family Duplicates from the saved search Can conduct classification search
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Micropatent - Negatives
Limit: 20000
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