Patentability Searching
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This is from a presentation by Patrick Walsh delivered at the National Association of Patent Practitioners
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Patentability Searching
- 1. Patentability Research Patrick Walsh Professional Patent Searcher & Software Developer Copyright © 2010 Simple Patents LLC
- 3. Learn to do a basic patent search.
- 5. Search Resources Free Patent Search Engines Private Resources Government Agencies EAST
- 6. Search Resources What to Look For
- 8. researching patents is never going to be as easy as googling.
- 9. Most Search engines do not match EAST for rapid viewing, which is key to Mechanical searching
- 12. Create a B-List, or ‘maybe’ list
- 13. Citation search as needed
- 14. Review and record classifications on the maybe list.Locate Classification of the highest occurrence Search the best subclasses thoroughly (completely if possible) Review and repeat as necessary Create an A-List of best references Forward & Backward Citation search the A-List references. Verify that no new relevant classifications have turned up.
- 15. Search Preliminaries Hypothetical Invention StopSmoke
- 16. Search Preliminaries Create a Feature List Title StopSmoke Features Package Hinged Closure Lock Timer Programmable
- 17. Search Preliminaries Create a Keyword List Features Package Hinged Closure Lock Timer Programmable Keywords MAKE package, box, container, receptacle, pack, carton closure, lid, top, cap lock, clasp, bolt, catch time, timer, timing program, control USE smoke, tobacco, nicotine, cigar cease, cessation, stop, quit
- 18. Broad Searching Classic Delphion-ese (smok* or tobacco or nicotine or cigar*) and (package or box or container or receptacle or pack or carton) and (time* or timer or timing) and (cease or cessation or stop or quit) and (lock or clasp or bolt or catch) 5,000 references!
- 19. Broad Searching Initial Query FPOL Search Query Title Field: smoking AND timer
- 20. Broad Searching Search Results
- 21. Broad Searching Initial Search Results – The B-List Early promising references may not be perfect, but they will guide you to closer references through classification. When you’re building your B-List, you should be pay attention to classification.
- 22. Classification Classification Up Close 131/270 TOBACCO/ANTISMOKING PRODUCT OR DEVICE; I.E.; DETERENT. 131/242 TOBACCO/TOBACCO USERS' APPLIANCE/With ash receiver/Cigar; cigarette; or smoking device rest or holder/With closure or covered compartment. 206/236 SPECIAL RECEPTACLE OR PACKAGE/COMBINED OR CONVERTIBLE/For pocket or personal use/With tobacco product. 206/242 SPECIAL RECEPTACLE OR PACKAGE/FOR TOBACCO; PIPE OR CIGARETTE HOLDER. 206/265 SPECIAL RECEPTACLE OR PACKAGE/FOR TOBACCO; PIPE OR CIGARETTE HOLDER/With closure. 206/268 SPECIAL RECEPTACLE OR PACKAGE/FOR TOBACCO; PIPE OR CIGARETTE HOLDER/With closure/Integral hinge. 206/276 SPECIAL RECEPTACLE OR PACKAGE/FOR TOBACCO; PIPE OR CIGARETTE HOLDER/End cover for cigar or cigarette.
- 23. Classification Old references have little or no searchable text
- 24. Classification But they do have classifications. 221/83 ARTICLE DISPENSING/CELLULAR MAGAZINE TYPE/Conveyer type/With gravity discharge from cells/With outlet closure operator and interrelated magazine advancing or locking means. 221/121 ARTICLE DISPENSING/PLURAL SOURCES; STACKS OR COMPARTMENTS/Rotatably mounted or endless belt carried source assembly/Relative to common outlet. 221/15 ARTICLE DISPENSING/WITH TIMING OR DELAY MECHANISM. 221/258 ARTICLE DISPENSING/WITH DISCHARGE ASSISTANT/Motor-operated. 221/282 ARTICLE DISPENSING/WITH CASING OR SUPPORT. 221/9 ARTICLE DISPENSING/AUTOMATIC CONTROL. 70/273 LOCKS/OPERATING MECHANISM/Predetermined time interval controlled/Clockwork control/Continuously operating once initiated. 70/273 LOCKS/OPERATING MECHANISM/Predetermined time interval controlled/Clockwork control/Continuously operating once initiated. 131/270 TOBACCO/ANTISMOKING PRODUCT OR DEVICE; I.E.; DETERENT. 206/236 SPECIAL RECEPTACLE OR PACKAGE/COMBINED OR CONVERTIBLE/For pocket or personal use/With tobacco product. 206/86 SPECIAL RECEPTACLE OR PACKAGE/WITH IGNITER FOR TOBACCO CONTENT/Combined. 968/812 HOROLOGY/Mechanically actuated (cigar or cigarette receptacles or boxes with means for limiting the frequency of smoking A24F 15/00B) [G04F 3/02C].
- 25. Classification Newer references have too much text
- 26. Classification Classification gives them organization 368/109 HOROLOGY: TIME MEASURING SYSTEMS OR DEVICES/TIME INTERVAL/Electrical or electromechanical/For predetermined interval/Including alarm means. 131/270 TOBACCO/ANTISMOKING PRODUCT OR DEVICE; I.E.; DETERENT. 368/10 HOROLOGY: TIME MEASURING SYSTEMS OR DEVICES/COMBINED WITH DISPARATE DEVICE. 368/223 HOROLOGY: TIME MEASURING SYSTEMS OR DEVICES/DISPLAYS OR DISPLAY DEVICE DETAILS. 368/278 HOROLOGY: TIME MEASURING SYSTEMS OR DEVICES/CASES/Combined with disparate device. 368/10 HOROLOGY: TIME MEASURING SYSTEMS OR DEVICES/COMBINED WITH DISPARATE DEVICE. 131/270 TOBACCO/ANTISMOKING PRODUCT OR DEVICE; I.E.; DETERENT. 206/249 SPECIAL RECEPTACLE OR PACKAGE/FOR TOBACCO; PIPE OR CIGARETTE HOLDER/With ejector. 221/15 ARTICLE DISPENSING/WITH TIMING OR DELAY MECHANISM. 221/2 ARTICLE DISPENSING/WITH RECORDER; REGISTER; INDICATOR; SIGNAL OR EXHIBITOR. 221/255 ARTICLE DISPENSING/WITH DISCHARGE ASSISTANT/Article retained by discharge assistant for manual removal. 221/88 ARTICLE DISPENSING/CELLULAR MAGAZINE TYPE/With non-gravity means to remove articles from cells/Single ejecting means for all cells. 221/15 ARTICLE DISPENSING/WITH TIMING OR DELAY MECHANISM..
- 27. Classification So what should I be doing with all these classes? Record your classes Verify that your features are represented in the classification Isolate the high occurrences Search the most promising subclasses thoroughly, or completely Text search the second-tier classes
- 29. 221/15
- 30. 70/273
- 31. 968/812
- 32. 206/256
- 33. 206/236
- 34. 131/242
- 35. 221/258
- 37. 221/15 article dispensing/with timing or delay mechanism
- 38. 70/273 locks/operating mechanism/predetermined time interval controlled/clockwork control/continuously operating once initiated
- 39. 968/812horology/mechanically actuated(cigar or cigarette receptacles or boxes with means for limiting the frequency of smoking
- 40. 206/256special receptacle or package/for tobacco; pipe or cigarette holder/with segregating means
- 41. 206/236 special receptacle or package/combined or convertible/for pocket or personal use/with tobacco product
- 42. sers appliance/with ash receiver/cigar; cigarette; or smoking device rest or holder/with closure or covered compartment
- 43. 221/258 article dispensing/with discharge assistant/motor-operated
- 44. 206/265 special receptacle or package/for tobacco; pipe or cigarette holder/with closure4 Occurrences 4 Occurrences 2 Occurrences 1 Occurrence (but interesting) 2 Occurrences
- 45. Narrowed Searching Search the best subclasses thoroughly (or completely, if possible) 131/270 TOBACCO/ ANTISMOKING PRODUCT OR DEVICE, I.E., DETERRENT 209 References 221/15 ARTICLE DISPENSING/WITH TIMING OR DELAY MECHANISM 285 References
- 46. Narrowed Searching Class-Keyword Combination
- 47. Summary of Steps: Use key word searching to make initial B-List Track classification name & quantity Search inside main classifications with text. Continue to build the B-List and keep track of those classifications Text or Fully search inside the best class/subclasses. Develop A-List, and check forward and backward citations of A-list references Repeat as necessary, and keep adding classifications.
- 49. If the searcher has indicated his or her search strategy, and if a dominant classification does not appear on the list, you may consider asking the searcher to take a look there.
- 50. Thank you! Patrick Walsh pwalsh@simplepatents.com 800-316-7784 www.SimplePatents.com
Hinweis der Redaktion
- Hi,First off, I’ll to you a little about myself and how I got to be here delivering this talk to you about patent research.I started searching in about 2003, just to supplement me meager income ($0) while I was trying to start another company. As time went by and I got better at searching and I developed my systems for searching, I decided to start a new company dedicated to selling patent research to directly to inventors and practitioners. I started Simple Patents in 2005 – we just turned five – and I have done many thousands of searches now myself and I’ve overseen many thousands more.
- The goal of my talk today is to:first off give you a quick overview of some of the free and pay services out there. Show you how I do a patent search and give you some tips on how to best do your own searches.And finally to look at how you can quickly QC someone else’s work.
- Do not jump into your search haphazardly. Set down how you are going to search and what you are going to search for before you go to the search engine.When I say “broad search,” I want you to think of the references you discover in the first half hour to hour of your search in a fundamentally different way from how you will look at them later on. When you start a search, you are only looking for the indicators of where the good references might be. The very first query may bring you exactly what your looking for, but you should still view this only as an indicator of where the good stuff is going to be found.Along with what I just said, think in terms of classification. Be looking for all of the places where your good references could be classified.When you have your most promising classes, the ones with the highest rates of occurrence in your initial searches, search those classes as thoroughly as you can. If possible, if applicable, search them completely.Be prepared to go through this cycle several times. It’s always possible that a new important classification will appear in Hour Three of a search.Only when you feel you have covered sufficient ground, should you go back through your collection of promising patents and look with your “agent eyes.” that is, save making your final list until you have covered a lot of ground.Include citation searching when you get to your final lists. It’s simply a matter of looking at the references on the face of the patent or plugging those patent numbers into the search engine.Finally, check your work.
- I have laid out a very simple invention, StopSmoke, which is probably far simpler than anything you encounter in your practice.So what is stop smoke? It is a smoking cessation aid where you put your cigarettes into a locked box that has a timer on it. The timer gradually lengthens the amount of time between cigarettes, leading you to smoke less. Sounds like a pretty good idea.
- So step one in setting your preliminaries is taking this invention, which may have come to you either through conferencing with an inventor or through an invention disclosure of some sort, and distilling it to its features.As you can see, in this case we have got features down to one word each. For more complicated and inventions it may be more. But the main thing to focus on is keeping your feature list simple and discrete.
- Then out of our feature list, we are going to distill it further to a keyword list. So we are going to take each of our features give it one line on her keyword list and then think about synonyms for each of these. Again, we are keeping our lists discrete, so that each of our concepts remains separate.In addition to taking these features of the invention, we are also going to think about the uses of the invention. You can divide your set of keywords into “how to make” keywords and “how to use” keywords. In this case are two main concepts and how to use category are smoking and all of its synonyms and cessation and all of it synonyms.Another important factor in your “how to use” category is if there is a specific person that might use the invention. For example, anything for a baby should have a set of keywords relating to babies.This goes right along with how patent applications are supposed to be written. Words relating to the making and the using need to be in the specification for the application to be acceptable. So use that requirement to your advantage.
- Now I’m going to show you a classic mistake that people make when they do straight keyword searching, especially in a great search engine like Delphion.We have 5000 references when we look for every keyword in one query. There are certainly things you could do to limit this, but your main problem if you attack it in this way is that you’re going to burn out very quickly, and you’re not going to cover very much ground. So unless you’re just looking for one slam dunk reference (and you better not be) you’re not going to be doing much of a search.
- Instead, let’s go over to free patents online, a service I like a lot and one that you can all use for free and let’s do a very simple initial query. All I’m doing is looking for two related items in the title field. Title field is almost always where I start, because although titles can be almost as bewildering as claim language there’s always the chance of that hook of a key word being in the title of at least one or two interesting references. And that is all we want to do in the initial phase.
- Look here. We’ve got a couple of references that from their titles and abstracts appear to read on the invention.
- So we are going to take the patent reference and put it into our B-List. And we are not going to analyze this reference too deeply at this time. All I want right now is the patent number and the classifications. It’s best to copy your classifications into an Excel spreadsheet.
- This is also a point where the US PTO has a very important service, and that is that they have a complete list of US classifications. So as you’re pulling references and classification numbers off of your initial queries, you can go to the US PTO website and get the descriptions of those classifications. In this case, looking at this reference we’ve got several classifications that appear to read on the features of the invention. What’s more, they are coming from several different angles. This is an important concept about classification that we will talk about more.
- You see, classification allows us to look for things that are outside of easy searchable text, such as old references. It’s not just that old references don’t have searchable text; it’s that old references are written with a very different lexicon from what we use today.
- So if you’re looking for something where older art is going to be important, you do need to think about classification.
- On the other end of the spectrum, newer references suffer from too much text. There are many applications in the 700s that look like the aim of the application writer was to include every single word in the English language. I weep for the examiner who has to go through and actually read these applications.
- So on the new references, classification still keep them organized and distanced from unrelated references.
- So as you’re going through your initial broad search, you need to record your references, and record your classifications. As you develop a list of references with good classification you can start to organize them and look for the high occurring classifications.
- Here is our initial collection of early promising references. And here are some of the classifications that are showing up.
- Now we take that and we look at them in terms of what’s occurring the most.What we have up top are several disparate classifications that read on the features of the invention quite well, and from different angles. So we are coming at this from multiple channels, which gets us around the issues with classification and obfuscation (deliberate or unintentional).As long as someone at some time classified a reference close enough, then that reference will be in our designated search area when we start to look at these things more closely.