Post on 23-Dec-2015
transcript
Patent Basics
Linda ShackleNoble Science & Engineering Library
Room 130E480-965-7601
http://libguide.asu.edu/patentslinda.shackle@asu.edu
Includes:
– Copyrights
– Trademarks
– Trade Secrets
– Patents
Intellectual Property: A Collective Term
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 a Patent?
• Incentive to invent
• Security of investment
• Control of market
• Building block for future inventions
• Valuable as source of information
What is the Value of a Patent?
• 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 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
• 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
Changes in US Patent Law & Procedure
• Plant -- 20 year term from date of filing
• Design --14 year term from date of issue
• Utility -- 20 year term from date of filing
Types of U.S. Patents
20 year term from date of filing (if maintenance fees paid)
• Machine• Article of Manufacture• Process• Composition of Matter• Business methods• Any new, useful improvement of the above
Utility patents
• Title• Inventors• Assignee• Application date• Patent Number and Issue Date• Classification• Field of Search• References Cited• Abstract• And more!
Patent Format: Front Page
• Drawings
• Description of Drawings
• Background of the Invention
• Summary of the Invention
• Detailed Description
Patent Format: Page 2+
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?
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)
Prior Art
• USPTOhttp://patft.uspto.gov
• EPOhttp://worldwide.espacenet.com
• Google Patentshttp://www.google.com/patents
• SciFinder (chemical patents)Access via Libraries home page -> Research Databases
Patent Search Tools
• 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: USPTO
• 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: EPO Worldwide
• 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
Patent Search Tools: Google Patents
What it is
Not what it does
Not what it’s used forNot 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
Rockable Animal Simulation Having Rider Seat Means
Rocking Horse
USPC: 472/95CPC: A63G 13/00
The Language of Patents
Coating Implement with Material Supply in an Expendable Sheath
Pencil
USPC: 401/96CPC: B43K
The Language of 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
• 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
CPC (Cooperative Patent Classification)
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
How to Search for Patents
http://libguides.asu.edu/patents
http://libguides.asu.edu/bioengineering
Library Guides