Patent Basics
Linda Shackle
Noble Science & Engineering Library
Room 130E
480-965-7601
http://libguide.asu.edu/patents
linda.shackle@asu.edu
Intellectual Property: A Collective Term
Includes:
– Copyrights
– Trademarks
– Trade Secrets
– Patents
What is a Patent?
A grant by a government agency giving an inventor
the monopoly right to prevent others from making,
using or selling his/her invention for a limited time.
What is a Patent?
In return, the inventor must disclose all that s/he
knows about the invention in the patent
application.
In the U.S., the inventor chooses to have the
application either published immediately OR after
18 months if still pending.
What is the Value of a Patent?
10-3-07
What is the Value of a Patent?
• Incentive to invent
• Security of investment
• Control of market
• Building block for future inventions
• Valuable as source of information
Patents as Information
• Much of the information contained in patents is
never published anywhere else
• Monitor business competition
• Useful before interviewing for a job
• Source of historical information
Patents as Property
• Can be sold (“assigned”) for a
lump sum
• Can be inherited by heirs
• Can be licensed to another
party with inventor receiving
royalties while retaining patent
Changes in US Patent Law & Procedure
• June 8, 1995
– Utility Patent term changes from 17 years from date of
issuance to 20 years from date of application
– Option to file a provisional patent application
• March 15, 2001
– Patent Applications are made public but inventors are
allowed to request an 18 month delay
Changes in US Patent Law & Procedure
• January 1, 2013
– Along with European Patent Office, switch to
Cooperative Patent Classification (CPC) system for
utility patents
– Two year transition period in which both USPC and CPC
categories recorded on patent
• March 15-19, 2013
– Patent priority is given to “First to File” over “First to
Invent”
– Micro Entity discount
Types of U.S. Patents
• Plant -- 20 year term from date of filing
• Design --14 year term from date of issue
• Utility -- 20 year term from date of filing
Plant Patents
PP7801
Poinsettia Plant
Named
Marjo White
20 year term from date of filing
Design Patents
14 year term from date of issuance
More Design Patents
Utility patents
20 year term from date of filing (if maintenance fees paid)
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Machine
Article of Manufacture
Process
Composition of Matter
Business methods
Any new, useful improvement of the above
Patent Format
US 7,702,395
Patent Format: Front Page
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Title
Inventors
Assignee
Application date
Patent Number and Issue Date
Classification
Field of Search
References Cited
Abstract
And more!
Patent Format: Page 2+
Patent Format: Page 2+
• Drawings
• Description of Drawings
• Background of the Invention
• Summary of the Invention
• Detailed Description
Patent Format: Last Part
Claims!
Why Do a Patent Search?
Why Do a Patent Search?
To Save $$$$$!
Why Do A Patent Search?
If there is “prior art that anticipates your invention,”
OR
If a single earlier reference shows or describes every
feature of your invention,
Why Do A Patent Search?
Your invention lacks
novelty and is not
patentable.
Prior Art
Definition
The body of technical information that was
available or accessible to the pubic at the
time of or before the invention.
Prior Art
• U.S. and foreign patents (issued and applications)
• Journals and magazines (articles, letters to editor, ads)
• Conference proceedings
• Trade Catalogs
• Dissertations/Theses (available to public)
Patent Search Tools
• USPTO
http://patft.uspto.gov
• EPO
http://worldwide.espacenet.com
• Google Patents
http://www.google.com/patents
• SciFinder (chemical patents)
Access via Libraries home page -> Research Databases
Patent Search Tools: USPTO
• Grants and Applications in separate databases
– Grants updated on Tuesdays
– Applications updated on Thursdays
• Full Text (1976-Present)
• Images (1790- present)
Now in available in pdf!
Patent Search Tools: USPTO
Search engine features:
• Phrase searching (default)
• Field searching is available
• Results display in Reverse Chronological order
• Pre-1976 patents only searchable by classification or by
grant number.
Patent Search Tools: EPO Worldwide
• Patent info from almost every country
• Many full text but not all
• Machine translations
• Shows equivalent and related patents
(Ex. Semiconductor nanowire devices, GB2459251)
• PDF full text
• Printing limited to docs less than 250/500 pages
Patent Search Tools: Google Patents
• Searchable full text
• Both US and foreign (Unknown update schedule)
• PDF images from 1790 to present for U.S.
• Links to EPO for foreign patents
Patent Search Tools: Google Patents
Search engine features
– Some fielded searching
– Search applications & grants simultaneously
– “Prior Art Finder” helps with keywords
Searching for Patents?
Keywords will
NOT
Get you where you need to go!
The Language of Patents
What Is It?
The Language of Patents
What it is
Not what it does
Not what it’s used for
Not the trademark under which it’s marketed
The Language of Patents
US 4756529
Generally Spherical Object With Floppy Filaments to
Promote Sure Capture
The Language of Patents
Occupant Propelled Wheeled Land Vehicle
The Language of Patents
Occupant Propelled Wheeled Land Vehicle
Bicycle
USPC: 280/200
CPC: B62
The Language of Patents
Rockable Animal Simulation Having Rider Seat Means
The Language of Patents
Rockable Animal Simulation Having Rider Seat Means
Rocking Horse
USPC: 472/95
CPC: A63G 13/00
The Language of Patents
Coating Implement with Material Supply in an
Expendable Sheath
The Language of Patents
Coating Implement with Material Supply in an
Expendable Sheath
Pencil
USPC: 401/96
CPC: B43K
The Language of Patents
If you rely only on keyword searching
you will miss relevant patents
The Language of Patents
Why doesn’t everybody just call things
by the same name?
The Language of Patents
They do!
It’s called “patent classification”
How to Search for Patents
http://www.uspto.gov
How to Search for Patents
How to Search for Patents
How to Search for Patents
How to Search for Patents
Example 1:
What are the recent
innovations for
baby incubators?
How to Search for Patents
How to Search for Patents
How to Search for Patents
How to Search for Patents
How to Search for Patents
A61G 11/00
How to Search for Patents
How to Search for Patents
How to Search for Patents
How to Search for Patents
How to Search for Patents
How to Search for Patents
How to Search for Patents
How to Search for Patents
How to Search for Patents
How to Search for Patents
How to Search for Patents
Example 2:
I’ve created a stent for cardiology
patients that is made from a mesh that
I think is more flexible but stronger
than anything currently on the market.
I need to know if anyone else has
already patented this.
How to Search for Patents
How to Search for Patents
How to Search for Patents
How to Search for Patents
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A61F 2/91
A61F 2/915
A61F 2/07
A61F 2/856
How to Search for Patents
The ASU Libraries
How to Search for Patents
How to Search for Patents
Expand the
categories by
clicking on
the plus sign
How to Search for Patents
To see the definition of the category,
click on the link
How to Search for Patents
How to Search for Patents
How to Search for Patents
How to Search for Patents
How to Search for Patents
How to Search for Patents
CPC (Cooperative Patent Classification)
• Started in January 2013
• All previously issued US patents will have CPC
assignments
(But only for the primary US Class/subclass)
• Used for utility patents only
(Design and Plants will continue with US classification)
• US classes will only be recorded on utility patents
through December 2014
How to Search for Patents
Keywords Plus Classification!
How to Search for Patents
1. Find a few patents similar to your invention
2. Note the CPC categories for these patents
3. Look up categories in the CPC schedule
4. Read the definitions and the “see references”; explore around those
areas to determine appropriate categories
5. View the patents and applications placed in these CPC categories
6. Do these patents give you other possibilities for CPC categories?
If so, repeat steps #3-5
Library Guides
http://libguides.asu.edu/patents
http://libguides.asu.edu/bioengineering
Resources
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