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Arpan Shah


Lecturer,

    Baroda College of Pharmacy, 
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u Patent searches form an integral part of any initial

invention assessment and patent protection strategy.

u a

  
 

   
 



pp Àith the goal being to find
    
information that bears close similarity to a given patent or
proposed invention.

u A patent search involves searching different databases to

see if your idea has already been patented, to knoÀ if you
can patent your idea.
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Patent searches are generally performed to discover Àhether or not a
particular invention is truly original or if, in fact, it has already been
patented.

M
 

 
½ dhe search for prior art helps prove the novel and non-
obviousness.
½ Help you to Àrite your patent application.
½ Help you understand your competition.
½ Help you learn more about your field of invention.
½ Patent search study you Àill save time and money.
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dhere are many possible reasons for needing a patent search.

Some examples are:

u 3ovelty search
u Infringement search
u Validity search
u State
State--of-
of-the-
the-art search
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GAlso referred as Patentability search, Prior Art Search.

G3ovelty searches are conducted Àhen an inventor has an

invention Àhich he/she is interested in patenting, and
Àishes to determine if anyone has previously invented
anything similar or identical.

Gdhis search ensure that Clients do not Àaste resources

filing applications for inventions that are already knoÀn.
 


 

Gdhis type of search is carried out to determine Àhether an

existing patent is valid in vieÀ of prior art that Àas already
published.

Gdhe subject matter of the search is alÀays based on Àhat the

claims of the target patent disclose.
 



Gº.S. Patent 9,999,999, in Claim 1, claims a computer chip that is faster and generates
less heat than any other chip on the market.

Gdhe patent Àas filed for on 1/1/2002, and granted on 2/1/2003.

In searching the prior art, you find tÀo pieces of prior art that contain information
Àhich is very similar to claim 1 of the subject patent.

GPiece "A" is an article from a computer magazine, dated 11/01/2001.

GPiece "B" is a patent Àhich Àas filed for on 4/1/2002 and issued on 12/1/2002.

GWhich of these references is relevant? dhe ansÀer is "A". Piece "A" came before the
filing date of the patent in question. Although Piece "B" issued before the patent in
question, it Àas not filed before the patent in question
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GA State-of-the-Art Search is designed to provide a general idea of

prior art in a particular area. It is essentially an information
collecting method.

In most cases, a thorough State-of-the-Art Search can save a

great deal of time and money.

1. KnoÀing Àhat Àork has previously been done

2. What problems have been discovered and hoÀ they have been
solved
3. Who is active in the field of art
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Gdhis type of search is conducted to check Àhether

implementation of the Client¶s invention Àill lead to
infringement of others¶ patents / patent applications (i.e.,
blocking patents).
Gdhis search should be done {

  







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GWhile doing this search certain limitations of patents need
to be kept in mind ± i.e., Patents are valid Àithin certain
territories, have a limited duration, and their scope is limited
by their Claims.
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u ºnited States Patent and drademark Office

u Google Patents

u Delphion

u Free Patents Online

 ºnited States Patent and drademark Office

Xdhe ºnited States Patent and drademark Office (ºSPdO) is

an agency in the ºnited States Department of Commerce that
issues patents to inventors and businesses for their inventions,
and trademark registration for product and intellectual
property identification.

Xdhe ºnited States Patent and drademark Office (ºSPdO)

Àas established in 1790.

XA patent is granted by the ºSPdO to someone Àho invents a

neÀ scientific process or device, as Àell as to people Àho
breed unique plants, or create unique manufacturing designs.
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dhis field contain the unique number assigned to applications that

have issued as patents.
dhere are several things to remember about patent number
Searches:
1. Patent number- 7 digit (if it is less then 7 digit add zero(s) in front of
existing digits.
2. do search a particular type of patent, add prefixes
Enter 'D' for design patents,
'PP' for plant patents,
'R' for reissue patents,
'd' for defensive publications
3. 3on-utility patents have prefixes.
4. Including commas in patent number is optional.
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Click on
the advance
Click on search search
option

Go to the
home page
of uspto.gov

 
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dhis field contains a single-digit number Àhich indicates the
type of patent, as folloÀs:

1 = ºtility
2 = Reissue
4 = Design
5 = Defensive Publication
6 = Plant
7 = Statutory Invention Registration

do limit a search to Design Patents, search "4" in the APd field

and A3D Àith other criteria. E.g., 



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Gdhe index is an alphabetical list of subject

headings referring to specific classes and
subclasses of the classification system.

G For our invention Àe need to look up

"mouse
mouse."
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Go to Click on patent
Access internet
uspto.gov heading

Click on "0"
 
’ 
 for "mouse" on
 
  the "  
 
0
" roÀ
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345 is a class
156 is a subclass

Click on subclass-156
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X Click on è
of the classification code  è
, next

to the "Computer Input and Display Control".

X dhis takes us to Class 345, Àith the heading at the top

of the page, ("Computer Graphics Processing and
Selective Visual Display Systems")
and
X Subclass 156 ("Display Peripheral Interface Input
Device") of the Manual of Classification.
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X 3otice the 

 to the left of the subclass titles. dhese dots
indicate the specificity of each subclass.

X As a subclass becomes more specific, the number of dots

increases (from zero to seven).

X Zero dots indicate that a subclass title is a major subdivision

Àithin a class (such as "Display Peripheral Interface Input
Device.")

X In our example, "Cursor Mark Position Control Device" has

one dot, so Àe knoÀ that it is a more specifically defined
classification related to "Display Peripheral Interface Input
Device" (Àhich is located right above it Àith zero dots).
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X dhe next feÀ items

"Including orientation sensors," "Having variable cursor speed,"
"Cursor key," "Joystick," "Positional storage means," and
"Mouse³
all have tÀo dots, indicating that they are more specifically
defined subsets of "Cursor Mark Position Control Device"
(Àhich has one dot).

X You'll notice that "Rotatable ball detector" has three dots, Àhich
indicates that it is a more specifically defined subclass of
"Mouse" and so on.
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X Click on the red "a" icon to the left of the blue subclass
number 163. dhis Àill bring up a list of all the º.S. Patents in
that particular classification code, in this case more than 900
patents.

X do vieÀ the patent, click on the 

{

X If you Àant to see the full image of any patent from 1790 to
the present, Àhich includes draÀings, you Àill need a
specialized dIFF vieÀer.
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