EIGHT BASIC STEPS FOR
U.S. PATENT SEARCHING
This is a very brief guide to the search
process. Patent searches can be complex and time-consuming. Librarians
can assist with using these resources, however we cannot give
legal advice.
Much patent information is available online
and free online patent searches are good for preliminary searches.
However, a complete, comprehensive patent search requires the
resources of a Patent and Trademark Depository Library, such as
the Z.J. Loussac Public Library.
The following steps are taken from "Conducting
a Patent Search at a Patent and Trademark Depository Library (PTDL)"
from the United State Patent and Trademark Office (2/6/00).
STEP 1
Begin by viewing two videos that provide basic information
on patent searching and intellectual property rights: Conducting
a Patent Search in a PTDL and Patents, Trademarks, Copyrights,
and Trade Secrets: A Legal Guide to Protecting Your Intellectual
Property Rights. You may either view them at the Media Desk
or check out a circulating copy.
STEP 2
Search the Index to the U.S. Patent Classification
(in paper, on Patents Assist Disc, or USPTO Web). This is the
alphabetical subject index to the Manual of Classification. Look
up common terms describing the invention and its function, effect,
end product, structure, and use. Make a list of applicable classes
and subclasses. When searching the Index remember that inventions
are classified by how they work, not by your intended use.
STEP 3
Locate class and subclass numbers in the Manual
of Classification (in paper, on Patents Assist Disc, or USPTO
Web). Note where the terms fall within the U.S. Patent Classification
System. Subclasses may not be in numerical order, so scan the
entire class schedule paying attention to the dot indents, which
indicate different subclasses. Refine your search by moving down
the indented subclasses until you find the lowest subclass that
accepts a particular claim of your invention.
STEP 4
Go to the Classification Definitions (on microfiche,
Patents Assist Disc, or USPTO Web) for detailed definitions for
each class and subclass found in Step 3. Read the definitions
to establish the scope of classes and subclasses relevant to your
search. The definitions describe fully the subject matter of each
subclass, and include important search notes and suggestions for
further search.
STEP 5
Find out if you are on the right path by checking
the patent titles and abstracts in the Patents Bib Disc
at the Cassis workstation. You can search by keywords, class or
subclass. If you find patents that look similar to your invention,
note their class and subclass and go back to Step 3 to make sure
they match the definitions.
STEP 6 Once relevant
classes and subclasses are identified, obtain a list of all patent
numbers granted for every class and subclass to be searched. Make
notes of information useful for continuing your search: patent
number, issue date, classification, patent title, and abstract.
STEP 7
Search the Official Gazette - Patents (DOC
C 21.5) for summaries of all patents on your subclass lists to
eliminate patents unrelated to your invention. The patent entries
are arranged by patent number and by type, and the abstracts will
let you know which are related to your invention. Entries include
the primary claim of the invention and a characteristic illustration.
Determine if you need to look at the full patent.
STEP 8
View complete patents relating to your invention either
on microfilm, on USAPat at the Cassis workstation, or online
at USPTO Web. Search the complete text and drawing(s) of closely
related patents to find out how different they are from your invention.
The text of a patent begins with a short representation of the
invention (abstract), and continues with a background (prior art)
summary, and detailed description. It concludes with claims, the
first of which is published in the Official Gazette.
- Note - Some Foreign Patent information
can be found on the GlobalPat and the Japanese Patent
Abstracts discs. The indexes for these products are loaded
on the Cassis patent and trademark workstation. See a reference
librarian for assistance.
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