Evansdale Library—West Virginia University
U.S. Patent Searching --Plants
August 24, 2005
Marian G. Armour-GemmenPatent & Trademark Reference Librarian
Evansdale Library—West Virginia University
• Evansdale Library at WVU is the only U.S. Patent and Trademark Depository Library in the state of West Virginia.
• We have DVDs, color Plant Patents, and other products from the USPTO as well as access to their databases.
• Provide reference assistance to inventors throughout the state.
Evansdale Library—West Virginia University
Three Types of PatentsUtility--any new, useful, and nonobvious
process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.
Design--a new, original, and ornamental design for an article of manufacture
Plant—an asexually reproduced distinct and new variety of plant.
Evansdale Library—West Virginia University
Terms of Patent
• The terms of utility and plant patents are twenty years from application date.
• The term of design patents is fourteen-years from date of issue.
Evansdale Library—West Virginia University
Plant Patent– a property right granted by the Government of
the United States of America for a limited time to an inventor “to exclude others from asexually reproducing, selling, or using the plant so reproduced or any of its parts throughout the United States, or from importing the plant so reproduced, or any parts thereof.”
– Includes algae and macro fungi but not bacteria.
– Does not include Tuber plants such as potatoes.
Evansdale Library—West Virginia University
Asexual Reproduction(Include but not limited to)
• Rooting Cuttings• Apomictic Seeds• Division• Layering• Runners• Tissue Culture
• Grafting and Budding• Bulbs• Slips• Rhizomes• Corms• Nucellar Embryos
Evansdale Library—West Virginia University
Plant Patents at Evansdale Library
• Color Photos with Plant Patents– Only in Library– Not on Internet; Not on DVDs
• Holdings of Color Plant Patents– Microfiche 1931 –1997– Paper 1994-present
Evansdale Library—West Virginia University
Why older patents must be searched?
• Novelty
• Prior art includes U.S.Patents, published U.S. Patent Applications, foreign patents, trade publications and journals.
• Find similar patents and state why your invention is unique.
Evansdale Library—West Virginia University
Ineffectiveness of Keywords
• Keyword searching often yields no results. • Almost all inventions have at least one cited patent
reference and many have at least seven. • Often similar patents do not use the same words that
you are using to describe your patent. • Terminology has changed, or perhaps words you would
use are not used by the other inventor. • In order to address this problem, the patent office has
devised a classification system. • Classification searching is the most effective method for
searching and locating similar patents.
Evansdale Library—West Virginia University
Classification• Grouped in Subject Areas called Classes &
Subclasses, e.g. 562/891• Each Class and Subclass have definitions
associated with them.
• Used to classify characteristics of invention – (1) essential function, – (2) essential effect or basic product resulting from the invention, – (3) physical structure of invention, and/or – (4) intended use of invention
Evansdale Library—West Virginia University
Accessing Classification• Index to the U.S. Classification
– Use keywords to use the index to find invention class
• Manual of Classification– Take Classes and Subclasses and see how they
relate to on another– Indented entries
• Class and Subclass Definitions – Determine if invention can be defined by the class
and subclass definition
Evansdale Library—West Virginia University
Find Synonyms; What are we looking for?
• Ask 4 Basic questions:
– What does the invention do?– What is the end result?– What is it made of?– What is it used for?
Evansdale Library—West Virginia University
USPTO Homepage http://www.uspto.gov
Evansdale Library—West Virginia University
Patent Main Search Page
Plug-in for viewing images
Start Here
Search Area
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Manual of Classification
Type “PLT” to search for Plant Patents as CLASS
Evansdale Library—West Virginia University
Plant Patent Class Schedule
P-patents250-def.
Evansdale Library—West Virginia University
Evansdale Library—West Virginia University
Some material is
deleted
Evansdale Library—West Virginia University
Return to Plant Patent Class Schedule
Click on P-patents next to 250
Evansdale Library—West Virginia University
Find a Pertinent Title & Explore
1790 to present
Note: Plant Patents numbers begin with PP
Let’s click on PP15,624
Evansdale Library—West Virginia University
Click Here for Entire Image of Patent
Evansdale Library—West Virginia University
Evansdale Library—West Virginia University
Patent NumberIssue Date
Abstract
ExaminerAttorney
Title of Patent
Inventor’s name
Assignee Name
International Classification
U.S. Classification
References Cited
Latin Name
Evansdale Library—West Virginia University
Keyword Searching Misleads
This is where you can choose “Current US Classification” and type in “PLT/250”
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Keyword Searching Misleads cont.
Evansdale Library—West Virginia University
Keyword Searching Misleads cont.
Evansdale Library—West Virginia University
Remember to
• Keep a log or journal of invention
• Keep the development and testing confidential
• Consult with a patent attorney once you believe you have a viable invention
Evansdale Library—West Virginia University
Note on Colors in Plant Patents
• “Where color is a distinctive feature of the plant, the color should be positively identified in the specification by reference to a designated color as given by a recognized color dictionary or color chart”
--Manual of Patent Examining Procedure (MPEP) 16.10
Evansdale Library—West Virginia University
Some Color Dictionaries at WVU Libraries
• The RHS Colour Chart Edale Permanent Reserve QK669 .R15 2001
• Color : universal language and dictionary of names. 1976. Kenneth Low Kelly; Deane Brewster Judd; Kenneth Low Kelly; Kenneth Low Kelly. NBS special publication, 440. Edale QC100.U5752
• Webster’s New International Dictionary, Second Edition, Unabridged, published by G.C. Merriam Co., Springfield, MA. DCL PE1625 .W3 1945
Evansdale Library—West Virginia University
Questions?
Marian Armour-GemmenPatent and Trademark Reference Librarian
293-4696 x5106
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