Searching Patents for Chemical Processes Evans Library Texas A&M University February 12, 2010 Presented by David E. Hubbard, Science and Engineering Librarian hubbardd@tamu.edu and Rusty Kimball, Science and Engineering Librarian rkimball@tamu.edu With special thanks to Ron Hambric and Brian Carpenter 1 What is a Patent? “A patent is a grant from a government that confers upon an inventor the right to exclude others from making, using, selling, importing, or offering an invention for sale for a fixed period of time.” (Pressman, 2009, p. 9) Types of Patents: Utility - Most common type. New and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement. Design - New, original, and ornamental design for an article of manufacture. Plant - Invents or discovers and asexually reproduces any distinct and new variety of plant. Pressman, D. (2009). Patent it yourself: Your step-by-step guide to filing at the U.S. patent office. Berkeley, CA: Nolo 2 Why Search the Patent Literature? How is this Useful? • Technical Information – Find solutions to technical problems (e.g., synthesize a compound, applications for a compound, or make an article from the compound) – Locate information that isn’t published in journals • Legal Information – Prepare a patent application – Acquire/license technologies • Business Information – Identify key innovators/companies – Identify and monitor technology trends 3 Where You Could Encounter Patents • As citations in the chemical literature • When preparing a patent application • When involved in negotiations to license patented technologies A few factoids: Over 7,900,000 patents have been issued by United States Patent and Trademark Office (USPTO) since July 31, 1790. Since 2006, approximately 400,000 patent applications are processed and about 150,000 patents granted each year by the USPTO. In 2006, approximately 6.1 million patents were in force worldwide. 4 The 7-Step Patent Search Strategy Classification 1. Brainstorm keywords related to the purpose, use and composition of the invention. 2. Look up the words in the Index to the U.S. Patent Classification to find potential class/subclasses. 3. Verify the relevancy of the class/subclasses by using the Classification Schedule in the Manual of Classification. 4. Read the Classification Definitions to verify the scope of the subclasses and note "see also" references. Access Full-Text 5. Search the Issued Patents and the Published Applications databases by "Current US Classification" and access full text patents and published applications. Review and References 6. Review the claims, specifications and drawings of documents retrieved for relevancy. 7. Check all references and note the "U.S. Cl." and "Field of Search" areas for additional class/subclasses to search. 5 6 7 8 Step #2 - Use the U.S. Patent Classification Index 9 10 11 12 Step 3 – Verify the Relevancy of the Class / Subclass using the Classification Schedule 13 Note the Hierarchical Setup of the Class Schedule 14 Step 4 – Read the Classification Definitions and Verify Scope 15 Step 5 – Search Issued Patents and Access Full-Text 16 Search Issued Patents and Access Full-Text (con’t) 17 A Note about Accessing and Viewing Patents 18 Reading a Patent 19 Step 6 – Review the Claims, Description, and Drawings. Claims Define the Unique Features of the Invention and Determine Patentability 20 The Description provides a brief summary of the invention, description of drawings (if any), background information on the invention, and a detailed description of the invention 21 Step 7 – Review References - Patents which are cited by the inventor - References that cite this patent - Other related works (e.g., journal articles, etc.) Note Classifications assigned and Field of Search 22 Viewing the Patent Images 23 TIFF Image of U.S. Patent 6,740,302 24 Drawings 25 Specifications 26 Claims 27 Printing and Saving Images Using the TIFF Viewer 28 Installing the TIFF Viewer 29 United States Patent and Trademark Office Website 30 Searching by Patent Number 31 Searching by Patent Number (con’t) 32 Searching by Patent Number (con’t) 33 Accessing and Viewing Older Patents 34 Search for Published (Pending) Patent Applications 35 Search for Published (Pending) Patent Applications (con’t) 36 Search for Published (Pending) Patent Applications (con’t) 37 TIFF Image of a Patent Application Publication 38 Unable to locate a chemical in the USPC Index? Try searching the Merck Index, Kirk-Othmer, or Ullmann’s for the chemical and then a patent number. Then search the USPTO Patent Full-text & Image Database using the patent number to find the Class / Subclasses 39 Library’s Class Guide for CHEM 470 40