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148 | Patent it YOURSELF searched online (see “Locating PTO Publications Online”). (As stated, there are about 430 classes.) Each class is on its own page(s), together with about 300 to 400 subclasses under each class heading, for a total of about 140,000 subclasses. The Manual lists design as well as utility classes; the classes are not in any logical order. To see where classsubclass 482/23 fits, let’s look at the first page that covers class 482. Fig. 6I is a copy of this page. It shows the first part of “Class 482—Exercise Devices.” Note that subclass 23 in this class covers “Gymnastic.” Under 482/23 are further subclasses that may be of interest; these cover trapezes and rings, horizontal bars, etc. As I’ll explain below, this manual is used as an adjunct to the Index, to check your selected classes, and to find other, closely related ones. Classification Definitions To check our selected class and subclass still further, we next consult a third source, known as the Classification Definitions. The Classification Definitions can be searched online (see “Locating PTO Publications Online”). At the end of each subclass definition is a cross-reference of additional places to look that correspond to such subclass. Fig. 6J shows the classification definition for 482/23. This definition is actually a composite that I’ve assembled from several pages of the Definitions—that is, it includes definitions for class 482 per se and subclasses 23–26. Note that the class definition (482 per se), as well as many of the subclass definitions contain cross-references to other classes and subclasses. You should consider these when selecting your search areas. Getting Classification From the PTO or a PTDL You can get a free, informal mail-order classification of your invention for search purposes by sending a copy of your invention disclosure, with a request for suggestions of one or more search subclasses, to Search Room, Patent and Trademark Office, Washington, DC 20231. However, unless you’re really stuck in obtaining subclasses, I don’t recommend using this method, since you have the interest in and familiarity with your invention to do a far better job if only you put a little effort into it. Also, to save time if you intend to go to the PTO in Alexandria, you can get the search classifications locally, online, or at a PTDL (Patent and Trademark Depository Library) by using its CD-ROM CASSIS (Classification And Search Support Information System). Instructions will be provided at the computer or by the librarian. Be sure to spend enough time to become confidently familiar with the classification system for your invention. Check all of your subclasses in the Manual of Classification and the Class Definitions manual to be sure that you’ve obtained all of the right ones. Usually, two or more subclasses will be appropriate. For example, suppose your gymnastic device uses a gear with an irregular shape. Naturally, you should search in the gear classes as well as in the exercising device classes. Note that the cross-references in the exercising device classes won’t refer you to “gears,” since this is too specific—the cross-references in the PTO’s manuals are necessarily general in nature. It’s up to you to consider all aspects of your particular invention when selecting search categories. Another excellent example of using your imagination in class and subclass selection for searching is given in the paper, “The Patent System—A Source of Information for the Engineer,” by Joseph K. Campbell, Assistant Professor, Agricultural Engineering Department, Cornell University, Ithaca, New York, which was presented at the 1969 Annual Meeting of the American Society of Agricultural Engineers, North Atlantic Region. The ASAE’s address is P.O. Box 229, St. Joseph, MO 49085. The publication number is NA- 64-206. The article costs $7. Call 616-429-0300 for more information. Professor Campbell postulates a hypothetical search of a machine that encapsulates or pelletizes small seeds (such as petunia or lettuce seeds) so they may be accurately planted by a mechanical planter. To find the appropriate subclasses, he first looks in the Index of Classification under the “seed” categories. He finds a good prospect, “Seed-Containing Compositions,” and sees that the classification is Class 47 (Plant Husbandry), sub 1. After checking this class/subclass in the Manual of Classification to see where it fits in the scheme of things and in the Class Definitions to make sure that it looks okay (it does), he would start his first search with Class 27, sub 1. Then, using his imagination, Professor Campbell also realizes that some candies, such as chocolate-covered peanuts, are actually encapsulated seeds. Thus, he also looks under the candy classifications and finds several likely prospects in Class 107: “Bread, Pastry and Confection- Making.” Specifically, sub 1.25, “Composite Pills (with core)”; sub 1.7, “Feeding Solid Centers into Confectionery”; and sub 11, “Pills” look quite promising. Thus he adds class 107, subs 1.25, 1.7, and 11 to his search field. The moral is this: When you search, look not only in the obvious places, but also use your imagination to find analogous areas, as Professor Campbell does. For another example of searching in analogous areas, consider an automobile steering wheel that you’ve improved
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Products & Services Books & Softwar
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Nondisclosure Agreement 1. Parties.
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Invention Disclosure Sheet of Inven
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Positive and Negative Factors Evalu
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In the United States Patent and Tra
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Design Patent Application—Preambl
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they may do so with the written con
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Universal License Agreement 1. Part
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whether or not any royalty payment
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compensation it recovers for any su
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Index A “A,” correct use of, 20
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INDex | 577 Biotechnology patents e
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INDex | 583 including all possible,
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INDex | 601 in notebook, 50, 51, 53
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Bestsellers The Small Business Star
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Online Legal Forms Nolo offers a la
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Keep Up to Date 1 Go to Nolo.com/ne
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About the Author David Pressman is
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