Patent: Patent Searching / A Presentation at NALSAR Hyderabad - Nitin Nair

Post on 14-Apr-2017

411 views 3 download

Transcript of Patent: Patent Searching / A Presentation at NALSAR Hyderabad - Nitin Nair

PATENT SEARCHING

By Nitin NairBrain League IP Services Now BananaIP

© 2009 Brain League IP Services Pvt. Ltd. Now BananaIP

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; 91/471b) 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

© Brain League IP Services Pvt. Ltd

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

© Brain League IP Services Pvt. Ltd

USPTO

© Brain League IP Services Pvt. Ltd

USPTO

© Brain League IP Services Pvt. Ltd

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

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

© Brain League IP Services Pvt. Ltd

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

© Brain League IP Services Pvt. Ltd

EPODatabases Covered EPO WIPO World wide

© Brain League IP Services Pvt. Ltd

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.

© Brain League IP Services Pvt. Ltd

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.

© Brain League IP Services Pvt. Ltd

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

© Brain League IP Services Pvt. Ltd

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

© Brain League IP Services Pvt. Ltd

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.

© Brain League IP Services Pvt. Ltd

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

be searched

© Brain League IP Services Pvt. Ltd

WIPO Types of Searches Simple Advanced Structured Classification search

© Brain League IP Services Pvt. Ltd

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)

© Brain League IP Services Pvt. Ltd

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

compared to ECLA

© Brain League IP Services Pvt. Ltd

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

patent search

© Brain League IP Services Pvt. Ltd

Delphion http://www.delphion.com

© Brain League IP Services Pvt. Ltd

Delphion

© Brain League IP Services Pvt. Ltd

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

<order> <thesaurus> ? * [weight]

© Brain League IP Services Pvt. Ltd

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

© Brain League IP Services Pvt. Ltd

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

© Brain League IP Services Pvt. Ltd

Delphion - Negatives Limit of 500 results

© Brain League IP Services Pvt. Ltd

Micropatent http://www.micropat.com

© Brain League IP Services Pvt. Ltd

Micropatent

© Brain League IP Services Pvt. Ltd

Micropatent AND OR NOT XOR * *n ?

<= >= <> ADJn NEARn

© Brain League IP Services Pvt. Ltd

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

© Brain League IP Services Pvt. Ltd

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

© Brain League IP Services Pvt. Ltd

Micropatent - Negatives Limit: 20000

© Brain League IP Services Pvt. Ltd

THANK YOU

© 2009 Brain League IP Services Pvt. Ltd. Now BananaIP