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HOW TO DO PATEN T HOW TO DO PATEN T LAN DSCAPI NG(USIN G FREE LAN DSCAPI NG(USIN G FREE DATABASEs e. g. USPT O & DATABASEs e. g. USPT O & ESP@CEN ETESP@CEN ET
Madhuryamay DasMadhuryamay DasIIT KHARAGPURIIT KHARAGPUR33rdrd JUNE 2008 JUNE 2008
Pr ocedurePr ocedure
Name of the product [Most of the Name of the product [Most of the time it is the trade name one is time it is the trade name one is supposed to start with, e.g. supposed to start with, e.g. EpogeEpogen]n]
Try to find out the Try to find out the innovator/assignee [e.g. Amgen innovator/assignee [e.g. Amgen for epogen]for epogen]
Pr ocedurePr ocedure
Go to the USPTO database [For Go to the USPTO database [For example, one may consider example, one may consider USPTO as the basic search USPTO as the basic search database]database]
Put the name of the API and the Put the name of the API and the assignee in USPTO databaseassignee in USPTO database
Pr ocedurePr ocedure
Click SearchClick Search Results are shown [Here, for example, Results are shown [Here, for example,
the window shows, Results of the window shows, Results of Search in US Patent Collection db for: Search in US Patent Collection db for: ACLM/Erythropoietin AND AN/amgen: ACLM/Erythropoietin AND AN/amgen: 31 patents. Hits 1 through 31 out of 31 patents. Hits 1 through 31 out of 31]31]
Pr ocedurePr ocedure
As the results are arranged in As the results are arranged in ascending order from down to up of ascending order from down to up of the results-window, go down to get the results-window, go down to get the older results [Here, for example, to the older results [Here, for example, to find the oldest product patent of find the oldest product patent of erythropoietin by Amgen, go to serial erythropoietin by Amgen, go to serial number 29 of the search results, tiled, number 29 of the search results, tiled, “DNA sequences encoding “DNA sequences encoding erythropoietin”]erythropoietin”]
Pr ocedurePr ocedure
The relevant information is now The relevant information is now available [For example, available [For example, Patent/Publication No., Assignee, Patent/Publication No., Assignee, Priority Date, Date of filing, etc.]Priority Date, Date of filing, etc.]
To get more information (e.g. relevant To get more information (e.g. relevant family information etc.) go to family information etc.) go to esp@cenet databaseesp@cenet database
Pr ocedurePr ocedure
Put the application/publication Put the application/publication number in the number search box in number in the number search box in esp@cenet databaseesp@cenet database
Don’t put the punctuations in the search Don’t put the punctuations in the search tab, e.g. not tab, e.g. not 4,703,0084,703,008 but 4703008. but 4703008.
Put the application/publication Put the application/publication number in the number search tab in number in the number search tab in esp@cenet databaseesp@cenet database
Pr ocedurePr ocedure
You can get relevant family patent You can get relevant family patent information, if any.information, if any.
INPADOC provides information of 70 INPADOC provides information of 70 countries and more than 40 patent countries and more than 40 patent authorities.authorities.
Pr ocedurePr ocedure
If the date is before June 8 1995 If the date is before June 8 1995 (implementation of GATT), calculate (implementation of GATT), calculate the estimated expiry date 17 years the estimated expiry date 17 years from the date of grant in USAfrom the date of grant in USA
Analyze independent claims in the Analyze independent claims in the patentpatent
CON CL USI ON SCON CL USI ON S
It is the overview of the process It is the overview of the process followed in Patent Landscapingfollowed in Patent Landscaping
Same Procedures may be followed for Same Procedures may be followed for formulations etc.formulations etc.
THANK YOUTHANK YOU