PRIOR ART SEARCH FOR PATENT

USING FREE DATABASES

Introduction Type of Search Type of Patent Search Tutorial
Database
State of the art
search; Know your document
Public
Database
Novelty search;
Patent search process
Subscribed
Validity search; database
Patent search
Infringement techniques
Non-patent
search; Literature
database Keywords
Clearense search

Technology activity
search International Patent
Classification (IPC)
Equivalent search
 INTRODUCTION

“What is
PRIOR ART?

Prior = Existing or earlier or previous

Art = Knowledge or Information
 INTRODUCTION

“Prior Art Is….

▪ Any evidence that your invention is

already known
▪ Physical or commercial availability is
not a must
▪ Centuries old technology
▪ An idea that can’t possibly work
▪ An existing product
 INTRODUCTION

“In a simpler way, Prior Art Is….

…any evidence that your invention was

already publicly known or available, in
whole or in part, before the effective
filing date of your patent application.
 INTRODUCTION

“Common examples….
1. A product that was available for sale
2. Commercial use of the invention
3. Articles, publications, or journals (printed or electronic)
4. Presentation at a public event (a trade show, conference,
etc.)
5. Public knowledge or use of the invention (e.g.
demonstration)
6. A previously-filed patent application (assuming the
previous application eventually becomes a published
application or an issued patent)
 INTRODUCTION

“What is NOT a Prior Art?

…information that becomes publicly

disclosed or publicly available only after
your application’s filing date generally
doesn’t qualify as prior art. Similarly,
patent applications filed after yours
generally don’t qualify as prior art..
 INTRODUCTION

“What is NOT a Prior Art?

1. Publication that don’t provide enabling detail

2. Abandon, secret patent applications

3. Trade secrets

4. Confidential disclosures
 INTRODUCTION

“Why it is
IMPORTANT?
1. Avoid duplication of R&D work
2. Identify specific new ideas and technical solutions,
products or process
3. Identify the state-of-the-art in a specific technology field
in order to be aware of the latest development
4. Identify alternative technology and its sources
5. Locate source of know-how in a specific field of
technology or in a given country
6. Improve an existing product or process
 INTRODUCTION

“Why it is
IMPORTANT?
7. Develop new technical solution, product or process
8. Identify existing or prospective industrial property rights
(validity, ownership,…) particularly to avoid infringement
actions
9. Assess novelty and patentability of own developments
with a view of applying for a domestic of foreign
industrial property right
10. Monitor activities of competitors both within the country
and abroad
11. Identify a market niche or to discover new trends in
technology or product development at an early stage
 TYPE OF SEARCH

“State of the Art Search”

To familiarize with the state of the art of a particular filed of technology. Useful for
ascertaining the status of a particular technology

Search-date
By different
Check for constraint
people
what is vary. Also
depending
being called
on client
current Collection
technology search
 TYPE OF SEARCH

“Novelty search”
To determine the novelty/lack of novelty. The objective is to discover relevant prior art
documents for determining the novelty and also presence/absence of inventiveness

Confirming
Done by
Check possibility of
inventor
trueness rights No date
constraints
 TYPE OF SEARCH

“Validity search”
To determine validity of patent claims that have been granted

Check
By company Confirming Search – file
existence &
/ entity CLAIMS data – get
validity of
and not behind –
granted
ideas find prior
patent
art
 TYPE OF SEARCH

“Infringement search”
To locate patents which might be infringed by a given industrial activity. In this type of
search, the aim is to determine whether an existing patent gives exclusive rights covering a
particular activity or part of it

By company Confirming Search –

Check only
/ potential CLAIMS of date
patent and
user only in constraint
not
force of 20 years
literature
patents patent
 TYPE OF SEARCH

“Clearance search”
To determine whether a technology may be used freely without allegations of infringement
of the need of licensing

“Technology activity search”

To gain access to the latest technology available in a particular field, for example,
nanotechnology, etc

“Equivalent search”
To search for corresponding patent filings in other countries having the same priority data
 TYPE OF SEARCH

“R&D Activity & Patent Search”

source: wipo.int
 TYPE OF DATABASE

Publicly • WIPO Patentscope

available Patent • EPO or Espacenet
Databases • USPTO
• Google Patent
• KIPO
• SIPO
• Patent Lens
• MyIPO
 TYPE OF DATABASE

Subscription • Questel
Based • Derwent Innovation Index
Databases • SciFinder
• PatBase
• PatSeer
• Patsnap
• Drug Patent Watch
• Thomson Reuters
Innovation Analyst
 TYPE OF DATABASE

Non-Patent • Google Scholar

Literature • PubMed
Search • Google Search
• Science Direct
• PubChem
“Patent Search. BIBLIOGRAPHIC INFORMATION PATENT SEARCH
Know your
document” Publication Date
Publication Number

Title
International Classification No
Inventors

Abstract

Applicant

Application Date

Drawing

Priority Data
 SPECIFIC DESCRIPTION PATENT SEARCH

Background

State of the Art

Problems that the

invention solves

Summary
description of the
invention
 CLAIMS PATENT SEARCH

Numbered
sentence usually
found in the end of
patent specification

Define the
monopoly of the
invention
 PATENT SEARCH

Patent Search Process

STEP 05

STEP 04

STEP 03 Search and

STEP 02 Preparation reviewing
of search
STEP 01 Selection queries
of
Scope of keywords
Search
Purpose of
Search
 PATENT SEARCH

Patent Search Technique

• Boolean Operator
• Adjacent of Proximity
Operators
• Truncation
• Nesting
• Phrases
 PATENT SEARCH

Boolean Operators
• AND, ANDNOT, OR, XOR
• Solar AND Battery
• Solar ANDNOT Battery
• Solar OR Battery
• Solar XOR Battery
• Solar NEAR Battery
 PATENT SEARCH

Proximity Operators
• Corn AND Fertilizer
 PATENT SEARCH

Proximity Operators
• NEAR
 PATENT SEARCH

Proximity Operators
• Unordered NEAR
• Corn NEAR5 fertilizer
 PATENT SEARCH

Proximity Operators
• Ordered NEAR
• Corn BEFORE5 fertilizer
 PATENT SEARCH

Truncation ? *
• te?t = test or text
• electric* = electrical; electricity
• behavi*r = behaviour or behaviour
• micro?p* = microspeaker, microsporidial
 PATENT SEARCH

Nesting
• Apples AND oranges OR Bananas
 PATENT SEARCH

Nesting
• (Apples AND Oranges) OR Bananas

• Apples AND (Orange OR Bananas)

 PATENT SEARCH

Keywords
• Think broadly about the keywords that could
be used to define your area of interest and go
beyond the obvious. Consider searching word
stems by using wild cards, and use Boolean
operators.
 PATENT SEARCH

International Patent Classification (IPC)

• All patents are classified by an International
Patent Classification (IPC) scheme, although
many countries also have their own
classification schemes. The IPC is a
hierarchical classification system used for
classifying and searching patent documents
• http://www.wipo.int/classifications/en
 PATENT SEARCH

IPC Group Symbol

A23G 9/02
► complete group symbol; consists of different components

A ....................... Section (A, B, ... H)

A23 ....................... Class (any 2 digits)

A23G ....................... Subclass (any letter)

A23G 9/02 ............ Group

Main group part Subgroup part

 TUTORIAL

https://www.lens.org/ https://worldwide.espacenet.com/patent/

https://www.wipo.int/patentscope/en/ https://iponline2u.myipo.gov.my/myipo/www/
Examples:
1. Case no: PI 20157001215 or UI 20157001215
*make sure there is a space between PI / UI with the numeral
2 Title: Using parenthesis “”
“method for producing”
https://www.wipo.int/patentscope/en/
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https://pubchem.ncbi.nlm.nih.gov/
https://blast.ncbi.nlm.nih.gov/Blast.cgi
 REPORT RESULT
• Patentability, Prior Art and Validity Search
• Table of patents, application or references and features