Patent Searching

PATENT SEARCHING

By

Nitin Nair

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

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

Why Search for Patents?

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 KeywordOther ways to search

Patent, Publication, Application, Priority, etc.Numbers

Applicant, Inventor, Assignee, Examiner, Attorney/Agent, etc.

Names

Application, Issue, Publication, etc.Dates

International (IPC), U.S. Classification, European Classification, etc.

Classification

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

USPTOUnited States Patenthttp://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. Determine initial classification (use Classification Index

or do a patent keyword search).

2. Scan the class schedule in the Manual of Classification.

3. Read Subclass definitions to establish the scope of the subclasses.

4. Browse patent titles and abstracts. Repeat as necessary.

5. Retrieve the subclass listing.

6. Review full text patent documents.

7. Check References Cited, Referenced by and previously published applications in relevant patents.

© Brain League IP Services Pvt. Ltd

USPTO


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


USPTO


USPTO


USPTO

Other ways to define classes Conduct an advanced search to retrieve the

most relevant patents Check their classes Read the definition and continue…


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


EPO

Databases Covered EPO WIPO World wide


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.


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.


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


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


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.


WIPO http://www.wipo.int/pctdb/en/ Only documents through the PCT route can

be searched


WIPO Types of Searches Simple Advanced Structured Classification search


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)


WIPO - Negatives Fewer no. of classes IPC classification covers fewer groups

compared to ECLA


Big Patents Can search only bibliographic data Alphabetical list of assignee So far the best online source for Indian

patent search


Delphion http://www.delphion.com


Delphion


Delphion - Advanced Search And Or Not <in> <, =, >, <=, <= <near> <near/n>

<order> <thesaurus> ? * [weight]


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


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


Delphion - Negatives Limit of 500 results


Micropatent http://www.micropat.com


Micropatent


Micropatent AND OR NOT XOR * *n ?

<= >= <> ADJn NEARn


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


Micropatent - Positives 1 member per family Duplicates from the saved search Can conduct classification search


Micropatent - Negatives Limit: 20000


THANK YOU

© 2009 Brain League IP Services Pvt. Ltd.

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Patent Searching