Super Easy Guide to Step-By-Step
Patent Searching Online!
By
Mary Russell Sarao
© Copyright 2002 By Mary Russell Sarao E-Publishing
ALL RIGHTS RESERVED No part of this publication may be reproduced or transmitted by any means, electronic or mechanical, including but not limited to photocopying, recording, or by an information storage and retrieval system, without the prior written permission of the publisher.
Super Easy Guide to Step-By-Step Patent Searching Online
By Mary Russell Sarao
First Edition
Published By
Mary Russell Sarao E-Publishing
P. O. Box 251248
Plano, TX 75025
Web Site: www.asktheinventors.com
Mary Russell Sarao E-Publishing publishes books on a number of “how-to” topics related to independent inventing.
Mary Russell Sarao may be contacted through the "Contact Us" page on Ask the Inventors regarding this book (including permission to reproduce selections). Your comments, questions and suggestions are welcome.
© Copyright 2002 By Mary Russell Sarao E-Publishing
This book offers information on the subject matter indicated by the title. It is not intended to substitute for legal or other professional advice. Readers should consult with a professional whenever expert advice is needed. As laws and regulations may change from time to time, it is recommended that readers contact the appropriate authority to assure compliance with applicable statutes.
The author and publisher shall assume no responsibility or liability with respect to any loss or damage caused, or alleged to be caused, by the application of the information contained in this book.
Please do not copy this book or give it away. You are getting the benefit of my experience, which will give you the ability to become an independent inventor, at a very reasonable price. Please allow me to earn a living so I can continue to create valuable books for you.
This book is dedicated to the best partner in the world---my sister, Barbara. Our talents and abilities complement one another perfectly. She helps me to be the best I can be!
Super Easy Guide to Step-By-Step Patent Searching Online!
Table of Contents
Introduction
Chapter 1
Key Word Search
Quick Search
Sample Quick Search results
Sample patent (number 6,357,052)
Sample patent image
Chapter 2
Classification Number Search
Chapter 3
Prior Art Search
Chapter 4
Hybrid Search
Chapter 5
Conclusion
Summary
Classification Numbers List
List of Prior Art
Notes
Super Easy Guide to Step-By-Step Patent Searching!
Introduction
It is important to do an online patent search before you make a prototype or see a patent attorney or patent agent. Hard as it is to believe, 97% of the patents issued to independent inventors each year never make it to the marketplace. As a result of this, the patent books are full of great ideas that were never commercialized. Your great idea may already be patented but you will not know that until you do a search.
If you do the search and do not find your exact idea, then FULL SPEED AHEAD! If, however, you do find that your idea has already been patented, you have saved yourself the time, trouble and expense of “reinventing the wheel” and you can move on to your next great idea. There is no doubt that you will have another great idea. That’s the way it is for creative folks. We have found that once someone starts thinking in an “inventive” way, the ideas come faster than they can be developed and it becomes a matter of choosing the best or easiest idea to pursue.
There are four basic ways to do an online patent search. In order do a thorough online search you should do all of them. At a very minimum, you should do the Key Word Search, Classification Search and the Prior Art Search.
Search 1. Key Word Search
Search 2. Classification Search
Search 3. Prior Art Search
Search 4. Hybrid Search (using classification and key word)
Each of these searches begins at www.uspto.gov.
When this page opens up click on “Patents” (It is the third button down on the left.)
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When the next page opens up click on “SEARCH patents.” It is the first listing under “Services” on the left side of the page.
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IMPORTANT: Patent Customers encouraged to communicate via FAX instead of mail |
The next page shows issued patents on the left and patent applications on the right. Click on “Quick Search” under “Issued Patents.” We’ll go back to “Patent Applications” later.
Patent Full-Text and Full-Page Image Databases
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Issued Patents |
Patent Applications |
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The next page is headed “US Patent Full-Text and Image Database.” This page offers many options for searching. Notice that you have blanks for Term 1 and Term 2 on the left. On the right you may choose “all fields” or specific fields. Pull down the menu on the arrow on the right. “All fields” appears as the first option. If you choose this option it will search for the terms you selected in every area of the patents.
Data current through 09/24/2002
The other options are:
Title
Abstract
Issue Date
Patent Number
Application Date
Application Serial Number
Application Type
Assignee Name
Assignee City
Assignee State
Assignee County
International Classification
Current US Classification
Primary Examiner
Assistant Examiner
Inventor Name
Inventor City
Inventor State
Inventor Country
Government Interest
Attorney or Agent
PCT Information
Foreign Priority
Reissue Data
Related US Appl. Data
Referenced By
Foreign References
Other References
Claim(s)
Description/Specification
You can see that you can search for and find a patent by having almost any of the pertinent data.
In the center, notice the “AND” with a pull down arrow. When you pull down the arrow you will see that you can search for patents that have Term 1 AND Term 2, or patents that have Term 1 OR Term 2, or patents that have Term 1 ANDNOT Term 2.
On this page you also have a field where you can “Select Years” that you are searching.
You may choose:
1996-2002
1991-1995
1986-1990
1981-1985
1976-1980
1790-1975
All Years
We recommend that you always choose “All Years” when doing a preliminary patent search. (Unless your invention is such cutting edge technology that you know it was NOT invented more than five years ago.) Otherwise, it is very important to search all possible years. When we were inventing Ghostline, we found a patent from 1877 (that was NOT a typo) that had to be listed as “prior art” for our second patent.
Ready? Roll up your sleeves and let’s begin!
Chapter 1- Key Word Search
For illustration purposes we will describe a patent search on a sample invention. Apply these same techniques when you search for your invention.
Go to the page titled “US Patent Full-Text and Image Database.” It looks like this:
Data current through 09/24/2002
Think of terms that would undoubtedly be listed in any patent describing your (or the sample) invention. For example, if it is a baseball cap with a battery-operated fan mounted on the bill of the cap you might use choose words like “hat” and “fan.” You could also use words like “cap,” “head covering,” “headgear,” “headwear,” “battery-operated,” “cool” or “cooling.” When you are doing a key word search it is important to think of every possible key word that might be used in describing your invention. If you need to, get out the dictionary and look up synonyms. Keep in mind that a “term” may consist of more than one word. For example, Term 1 might be “battery-operated.” It could be hyphenated, or not.
The goal of search 1 is to use key words to find if your idea has already been patented or not. In our example, the primary invention is a cap or hat. The secondary or special feature is the fan mounted on the bill.
Look at the word we have chosen, “caps.” Is that the most descriptive word we could use? Probably not since there are “caps” on all sorts of things, bottles and containers of all sorts. Try to think of a word or term that would be more specific. We are going to use the word “headgear.” That should narrow it down to something that is worn on the human head. For our first key word search we will use two key words that are specific to our invention. Since our invention is a baseball cap with a fan in the bill we will use “headgear” and “baseball” for our first search. Use “AND.” Select “All Years” and hit “SEARCH.”
In the key word search using “headgear” and “baseball” we found 160 patents. The following patents looked like they are probably in the same category as our invention.
They are:
6,438,760 Novelty hat apparatus
6,381,754 Headgear system
6,237,156 Hat
6,088,837 Headgear with pivotable visor
6,044,495 Detachable visor cover
5,778,454 Visor cap
5,724,676 Size adjustable hat
5,655,225 Protective headgear attachment for baseball style caps
5,634,575 Apparatus and method of reforming visors of baseball caps
5,581,807 Visor cap
5,481,759 Expandable baseball hat and cover
5,327,585 Cool cap
5,272,772 Adjustable cap
5,107,548 Cooler cap
In the key word search using “hat” and “fan” there were 667 patents listed.
And, in the key word search using “headgear” and “fan” there were 59 patents listed. Obviously, some of the patents were on all three lists. Some of the patents appeared on only one list. This is why it is important to search using several different but descriptive key words.
Do additional key word searches using other terms that are likely to appear in any patent on your invention. For the sample patent search you should do a search for “headgear” and “fan.” And, “hat” or “cap” and “fan.” As you begin the search you will see other words appearing repeatedly in similar patents. Add those words to your list to use in your key word search.
A key word search is tedious but essential. If you find your exact invention during this search you need go no further. A word of caution, however, be certain that it is your exact invention before you give up! When we were inventing Ghostline we found a patent that we thought, at first glance, was our invention. We were heartbroken. We were about to give up when we decided to read the troublesome patent in its entirety. We were thrilled to discover that it was not our invention. It solved the same problem, but our invention was a simpler and more economical way of achieving the same goal.
When you see a huge list of possible patents, don’t panic! Most of them will not even be close to your invention. In the sample key word search that was the case. Most of the patents were not even remotely similar to the sample invention idea of a baseball cap with a fan in it. A few will be similar to your invention. You must pay close attention to those.
Searching All Years...
Results of Search in All Years db for:
hat AND fan: 668 patents.
Hits 1 through 50 out of 668
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In the first