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 list of 50 patents in the sample search (of the nearly 700), patent number 6,357,052 is described as “Fan novelty headgear.” That sounds like it could be close to the sample invention.
If you were to click on patent number 6,357,052 you would see that it was issued March 19, 2002. When you read through the description and claims it doesn’t sound too close, but it is a hat with a fan.
This is what it looks like:
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United States Patent |
6,357,052 |
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Fleming |
March 19, 2002 |
Fan novelty head gear
Abstract
A fan novelty device having a removable fan-like structure formed of a strip of pliable material having an accordion folding and a head gear. The fan-like structure is removably attached to a flexible base that conforms to a wearer's head. The base is removably attached to a head gear such as a head band, hair clips, barrettes, hair combs, etc.
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Inventors: |
Fleming; Ward (Greene County, NY) |
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Assignee: |
Fan Hats LLC (Wolfeboro, NH) |
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Appl. No.: |
887755 |
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Filed: |
June 20, 2001 |
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Current U.S. Class: |
2/209.13; 2/244; 446/27; 446/488 |
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Intern'l Class: |
A42B 001/24 |
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Field of Search: |
2/209.13,244,200.3 446/27,487,488 |
References Cited [Referenced By]
U.S. Patent Documents
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Mar., 1962 |
Gyorfy |
2/424. |
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May., 1999 |
Fleming |
2/209. |
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May., 2001 |
Belcher |
D29/122. |
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Jul., 2001 |
Fleming. |
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Primary Examiner: Calvert; John J.
Assistant Examiner: Moran; Katherine
Attorney, Agent or Firm: Miskin; Howard C., Tsui-Yip; Gloria
Parent Case Text
This is a continuation in part of application Ser. No. 09/693,089, filed Oct. 20, 2000, now U.S. Pat. No.
6,256,796.
Claims
What I claim is:
1. A fan novelty device for a wearer's head, comprising:
(a) a strip of pliable material being accordion folded and openable to a fan-like
structure having a plurality of fin-like members, including a front most
fin-like member;
(b) a flexible base substantially the same size and shape as said front most
fin-like member that conforms to the wearer's head and having opposite ends;
(c) a head gear for the wearer's head;
(d) means for attaching said front most fin-like member of said strip of
material to said base; and
(e) means for attaching said opposite ends of said base to said head gear.
2. The device according to claim 1, wherein said head gear is a head band.
3. The device according to claim 1, wherein said head gear comprises two hair
combs.
4. The device according to claim 1, wherein said head gear comprises two
barrettes.
5. The device according to claim 1 wherein said head gear comprises two hair
clips.
6. The device according to claim 1 wherein said strip of pliable material is
made of paper.
7. The device according to claim 1 wherein said strip of pliable material is
made of fabric.
8. The device according to claim 1 wherein said strip of pliable material is
made of spun bonded polyolefin.
9. The device according to claim 1 wherein said strip of pliable material
having designs display thereon.
10. The device according to claim 2 wherein said head band having designs
display thereon.
11. The device according to claim 1 wherein said accordion folding of said
strip of material forms a plurality of fold lines between adjacent fin-like
members and further comprising a plurality of openings along at least one fold
line.
12. The device according to claim 11 further comprising a plurality of bridges
along said at least one fold line, alternating with said plurality of openings.
13. The device according to claim 12 wherein said bridges and said openings are
at a one to three ratio.
Description
FIELD OF THE INVENTION
The invention relates generally to a novelty device and is particularly related to a novelty headwear having a removable fan-like structure, which can be readily opened and closed as desired. The fan novelty device not only attracts attention but also has entertaining, promotional and marketing values.
BACKGROUND OF THE INVENTION
Various novelty hats are available and have been used for the purpose of attracting attention or for promotional and marketing purposes in the fields of sports and social or political activities. One such novelty hat is described in U.S. Pat. No. 5,903,626 issued May 18, 1999 to Ward Fleming, the inventor named in the present application. The hat described in said patent has a dome-shaped body, e.g. a cap, that fits over the head of the wearer, and a fan-like structure pivotally attached to at least three points, i.e., the front end, the rear end and the center of the come-shaped body as shown therein in FIGS. 2 and 3. The fan-like structure itself is formed of a strip of fabric having an accordion folding. In its closed position, the accordion folding rests on the dome-shaped body and is attached to the surface of the dome-shaped body by various methods or means, such as by adhesive, sewing or stapling, taping, Velcro.RTM., and the like. The disclosure of said patent is fully incorporated herein by reference.
An improvement to the hat disclosed in U.S. Pat. No. 5,903,626 is described in the parent U.S. patent application Ser. No. 09/693,089, filed Oct. 20, 2000. Additional features of the hat of said patent application includes a weighted fin-like member for maintaining the fan-like structure in a fully open position and an enclosure for the fan-like structure. The disclosure of said patent application is fully incorporated herein by reference.
The present invention provides a novelty head gear with a fan-like structure which varies in its construction from the novelty devices described in said patent and patent application, and which may also be used for the purpose of attracting attention, or for promotional and marketing purposes.
The novelty head gear of the present invention constitutes a variation and/or improvement over the heretofore discussed novelty devices, including the novelty hats described in the aforementioned patent and patent application.
Before you spend any more time with this patent go to the top of the page and click on “Images.”
When you look at the picture, you can quickly see that this patent is not even close to the sample invention idea of a cap with a battery-operated fan in it. You would write down this patent number for reference later in case you do not find anything any closer. Then, it’s time to move on. Go back to the list of 50 patents and continue looking. If you don’t find anything on that list, go to either the bottom or top of the page and click on “Next List” and the next 50 patents in which both those words appear will pop up. Look through that list for anything that sounds, even remotely, like your idea. Repeat this process until you have gone all the way through the list.
As you go through the list, write down the patent numbers of any that look like they might be close. Continue working your way through the list. If you find patents that look very close, then print them out in their entirety, including the images. (When printing the images you must click on the little printer at the top of the patent page, not on your toolbar at the top of the screen.)
In the sample key word search using “hat” and “fan” we found one patent that looks like it is the sample invention idea. It is patent number 5,425,620. This patent will be a key to searching further. We will use the classification numbers listed on it and the patents listed as prior art to trigger the other searches.
Chapter 2 – Classification Number Search
Go back to the Quick Search screen (US Patent Full Text and Image Database). This time you will look up the four or five patents (or more) listed above that seems closest to your invention (the sample invention idea) and write down on one list all of the classification numbers listed on each patent. On a second list you should write down all the patent numbers listed as ‘prior art.’ The patents for any inventions that seem particularly close to your invention and their images should be printed out in their entirety. These must be taken to your patent attorney or agent when you are ready to move on to that step in the inventive process.
You can pull up the patents quickly by typing in the patent number in the space for Term 1, using the pull down menu to select “Patent Number,” selecting “All Years” and then hitting “SEARCH.” (You do not have to list a term under both Term 1 and Term 2, only one will suffice.) That particular patent will pop up.
We would recommend that you put the list of classification numbers into either Microsoft Word or Microsoft Excel. In Word you can enter them in numerical order. In Excel you can enter them all and then sort them according to number. This will help you to avoid searching the same classification twice.
When we pull up the patent that seems closest to the sample invention (#5,425,620) it lists nine different classifications and five patents that were cited as prior art. (You will repeat this process with each of the closest patents to your invention.)
Now, you have a starting point for your classification search. Go back to the Quick Search screen and this time enter the first classification number (they consist of one number followed by a forward slash and another number) under Term 1. On the pull down screen for Term 1 page down to “Current US Classification.” Again, choose “All years” and hit “SEARCH.”
Most of the patents that appear on the list will probably not be similar to your invention. Look closely and pull up any that look even slightly similar. Anything that looks similar should be printed out (along with the images). These will be important to take to your patent attorney or patent agent if you are able to pursue your idea further.
Follow the above steps with each and every classification number that you have listed.
It is very common to find patents that are close to or identical to your invention when doing a classification search that were completely missed when doing the key word search. This is why a classification search is essential when doing an online patent search.
Chapter 3 – Prior Art Search
Using the closest patents to your invention, click on each and every one of the patents listed as prior art. Look them over closely. You may find other patents that will have to be cited if you file a patent application on your invention. Print out any patents for inventions that are similar to yours.
Also, when looking at the patents listed as prior art it is important to pay close attention to the classification numbers listed on those patents. If you come across a classification number that you have not previously searched, then add it to your list of numbers to be searched.
We know that this sounds like you are going around in circles. You are! That’s the way it is with a patent search. It can’t be avoided.
Chapter 4 – Hybrid Search
Once you have determined the appropriate classification numbers for your invention you can do a hybrid search. On the Quick Search screen enter one of the classification numbers under Term 1 and in the pull down menu for Field 1 select “Current US Classification.” Choose “AND.” For Term 2, enter the most descriptive and unique key word that you can think of for your invention. Leave it set for “All Fields” in Field 2. Choose “All Years” and hit “SEARCH.”
In our sample search we might choose classification number 416/63 and key word “fan.” That brought up only 30 patents in that classification that had the word “fan” somewhere in the patent.
If we were to enter 416/63 and “hat” only three patents are listed, and one of them is the one that may be the sample invention!
You can see how a hybrid search can drastically reduce the number of patents that you would have to wade through. When doing this type of search, however, it is extremely important that you use every possible classification number and a variety of different key words.
Once you have finished these searches on “Issued Patents” you must go back to http://www.uspto.gov/patft/index.html and this time choose “Patent Applications” and start the entire process over. “Patent Applications” have been published but not yet granted. You don’t want to go to the time and expense of filing for a patent if someone has beaten you to the idea. This is not a complete list of patents that have been applied for but not granted. There are those that have not yet been published and those that will not be published until the patent is granted (the inventor must specifically request this and be applying for a U.S. patent only.)
Chapter 5 - Conclusion
This should get you started. Please remember that this is a preliminary search and does not take the place of a professional search. We are not patent attorneys or patent agents but we believe it is complete and thorough enough to allow you to move forward with making a prototype and seeing a patent attorney or patent agent with some level of comfort that your invention has not previously been patented.
Good luck! Happy searching!
- Print this report out and have it handy when you are ready to start your search at the computer.
NOTE: The USPTO site can sometimes be cantankerous. If you have trouble from time to time, pulling up a page or even getting onto the site, it is probably NOT your computer. The huge volume of visitors to the site seems to overwhelm the system at times. Be patient. Keep trying or set it aside for a few minutes and try again. You will get on and be able to do your search.
SUMMARY
Steps to patent searching online
1. Go to www.uspto.gov.
2. Make a list of key words to use in your search. Make it as specific as possible. (Find synonyms.)
3. For the first search we suggest you use “AND” between terms rather than “OR” or “ANDNOT.”
4. Select “All Years” (unless your invention is so high-tech that you know that is not possible for it to have been invented more than five years ago.)
5. Hit “SEARCH.”
6. When the list comes up, go through it carefully.
7. When you find a patent that looks like a possibility, click on it.
8. Read the description.
9. If it still sounds similar, click on the “IMAGES” button at the top of the page.
10. If it still looks similar, print the entire patent and images. When you are printing images, you may page through them by clicking on the forward and backward arrows on the left side of the screen. In order to print the images you must click on the little printer at the top of the patent page, not the printer on your toolbar at the top of the screen.
11. Set it aside for further examination later. We’ll call this the “close patent” stack.
12. Repeat the above steps with each patent that looks close to your idea as you go through the entire list.
13. Start the whole key word search over using other possible key words. Do this with all your possible key words.
14. Choose the four or five (or more) patents that you found in the key word searches that are closest to your idea.
15. Pull up the first patent (enter the patent number under Term 1 and “Patent Number” under Field 1.
16. Write down all the classification numbers listed on this patent. (It helps to list them in numerical order to avoid duplication.)
17. Repeat this with all the patents you found in the key word search that are closest to your idea.
18. Begin the classification search by entering the classification number on the Quick Search screen under Term 1. Under Field 1 choose “Current US Classification.” (Leave Term 2 blank)
19. Choose “All Years” and hit “SEARCH.”
20. Just as you did when you were doing the key word search, look through the entire list for patents that may be similar to your idea.
21. If you find a patent close to your idea, print it out in its entirety, including images.
22. Add any patents that are found in the course of this portion of the search to your “close patent” stack.
23. Taking the stack of “close patents,” look at the patents listed as prior art in each of them, one by one.
24. Pull up every patent listed as prior art on the “close patents.”
25. Look at them closely. If one of them appears to be close to your patent. print it out.
26. Pay particular attention to the classification numbers on the patents in the “close patents” stack. If any classification numbers appear that you do not have on your previous list, they should be added to the classification number list. (Go back and add that classification number to your classification number search.)
27. As the final search in the process, do a hybrid search. On the “Quick Search” page, match each classification number (in the Term 1 space) with a key word in the Term 2 space.
28. Use “AND” to connect the two fields.
29. Select “All Years” and hit “SEARCH.” Do this for each classification number.
30. Again, if you find any additional patents that are close to your invention (and you have not previously found them), print them out in their entirety.
31. Start the entire process over searching “Patent Applications” this time.
If you have reached this point without finding any patent that looks too close to your idea, congratulations are in order! It’s time to make a prototype and visit a patent attorney or patent agent.
Copyright 2002, Sarao (All rights reserved)