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156 | Patent it YOURSELF After you evaluate your search results, you’ll have a pretty good idea of the minimum number of novel features that are necessary to sufficiently distinguish your invention over the prior art. If you’re in doubt that you have enough such features, or if you feel that you’d have to limit your invention to specific features to define structure that would be considered unobvious over the prior art, it probably isn’t patentable, or even if patentable, it isn’t worth filing on, since it would be easy to design around. One possibility, if you can’t make a decision, is to pay for a professional’s opinion. On the other hand, if you’ve found nothing like your invention in your search, congratulations. You probably have a very broad invention, since, with the six million plus patents that have issued thus far, one or more features of almost all inventions are likely to be shown in the prior art. K. Patent and Trademark Depository Libraries As you may know, Patent and Trademark Depository Libraries are scattered around the country in all states and are listed below in Fig. 6K. Before going to any PTDL, call to find out their hours of operation and what search facilities they have. 1. Searching at a PTDL Searching at a PTDL is less useful than searching at the PTO or the Internet because the EAST system at the PTO has far more capabilities than the PubWEST search facilities available at the PTDLs or the Internet searches, which are available on any computer. However the obvious advantage of the latter two is that they are local. I like to assign percentage values to the various types of searches: I roughly estimate a good examiner’s search at 90% (that is—it has about a 90% chance of standing up in court), a good search by a nonexaminer in the PTO at 80%, and a good search in a PTDL or on the Internet at 70%. (Unfortunately, as in business, there’s no certainty in the law.) If your invention is in an active, contemporary field, such as a computer mouse, you should reduce the value of the two nonexaminer types of searches somewhat, due to the fact that patent applications in this field are more likely to be pending. To make a Classification search at a PTDL in addition to using PubWEST or the Internet, you can also make an Official Gazette (OG) search. You should go through the same four steps given above. First, articulate your invention (in the same manner as before), and second, use the reference tools to find the relevant classes and subclasses. The third step is a review of the patents in the selected classes and subclasses. And finally, you should analyze all relevant prior-art references for their effect on your invention’s patentability. For Recent Years the Official Gazette Is Available in Electronic Format Only The Official Gazette (Patents) (OG) was a weekly publication (paperback book) that listed the main facts (patentee, assignee, filing date, classification) plus the broadest claim and main drawing figure of every patent issued that week. It also contained pertinent notices, fees, and a list of all PTDLs (Fig. 6K). The OG notices and patents are now published each week at the PTO’s website, under Official Gazette Notices and Official Gazette for Patents, respectively. Also, the complete patents are available online elsewhere on the PTO’s website each week. If you make an OG search you can search the paper (book) copies of the OGs up to about ten years ago (when the PTO stopped printing paper copies); thereafter you will have to search for them on the Internet. Each patent entry you find will contain only a single claim (or abstract) and a single figure or drawing of the patent, as indicated in Fig. 6M (a typical page from an OG). Note that for each patent, the OG entry gives the patent number, inventor’s name(s) and address(es), assignee (usually a company that the inventor has transferred ownership of the patent to), filing date, application serial number, international classification, U.S. classification, number of claims, and a sample claim or abstract. If the drawing and claim look relevant, go to the actual patent, order or download a copy of it, and study it at your leisure. Remember that the claim found in the Official Gazette is not a descriptive summary of the technical information in the patent. Rather, it is the essence of the claimed invention. The full text of the patent will contain far more technical information than the claim. So, even if a patent’s Official Gazette claim doesn’t precisely describe your invention, the rest of the patent may still be relevant. EXAMPLE: When recently performing a PTDL search, a client of mine passed over a patent listed in the OG because the single drawing figure appeared to render the patent irrelevant. In fact, another drawing figure in the passed-over patent (but not found in the OG) anticipated my client’s invention and was used by the PTO to reject his application (after he had spent
ChaPter 6 | SEARCH and you may FIND | 157 Reference Collection of U.S. Patents Available for Public Use in Patent and Trademark Depository Libraries The following libraries, designated as Patent and Trademark Depository Libraries (PTDLs), receive patent and trademark information from the U.S. Patent and Trademark Office. Many PTDLs have on file patents issued since 1790, trade marks published since 1872, and select collections of foreign patents. All PTDLs receive both the patent and trademark sections of the Official Gazette of the U.S. Patent and Trademark Office and numerical sets of patents in a variety of formats. Patent and trademark search systems in the Cassis optical disk series are available at all PTDLs to increase access to that information. It is through the optical disk systems and other depository materials that preliminary patent and trademark searches may be conducted through the numerically arranged collections. Each PTDL offers reference publications that outline and provide access to the patent and trademark classification systems, as well State Name of Library Telephone Alabama Auburn University Libraries* 334-844-1737 Birmingham Public Library 205-226-3620 Alaska Fairbanks: Keith Mather Library 907-474-2636 Arizona Tempe: Noble Library, Arizona State Univ.* 480-965-7010 Arkansas Little Rock: Arkansas State Library* 501-682-2053 California Los Angeles Public Library* 213-228-7220 Sacramento: Cal. State Library 916-654-0069 San Diego Public Library 619-236-5813 San Francisco Public Library* 415-557-4500 Sunnyvale Public Library 408-730-7300 Colorado Denver Public Library 720-865-1711 Connecticut Fairfield: Sacred Heart University 203-371-7726 Delaware Newark: Univ. of Delaware Library 302-831-2965 DC Washington: Howard Univ. Library 202-806-7252 Florida Fort Lauderdale: Broward County Main Library* 954-357-7444 Miami: Dade Public Library* 305-375-2665 Orlando: Univ. of Central Florida 407-823-2562 Libraries Georgia Atlanta: Georgia Institute of Tech. 404-385-7185 Hawaii Honolulu: Hawaii State Public Library System* 808-586-3477 as other documents and publications that supplement the basic search tools. PTDLs provide technical staff assistance in using all materials. All information is available for use by the public free of charge. However, there may be charges associated with the use of online systems, photocopying, and related services. Since there are variations in the scope of patent and trademark collections among the PTDLs, and their hours of service to the public vary, anyone contemplating use of these collections at a particular library is urged to contact that library in advance about its collections, services, and hours. For the latest copy of this list, or for Web links to each PTDL, go to the PTO’s Official Gazette site at www.uspto.gov/web/offices/com/ sol/og. Then go to the latest Official Gazette and open “Patent and Trademark Depository Libraries.” State Name of Library Telephone Illinois Chicago Public Library 312-747-4450 Indiana Kansas Indianapolis: Marion County Public Library West Lafayette: Siegesmond Engineering Library Wichita: Ablah Library, Wichita State Univ.* 317-269-1741 765-494-2872 800-572-8368 Kentucky Louisville Free Public Library 502-574-1611 Louisiana Maine Maryland Massachusetts Michigan Baton Rouge: Troy H. Middleton Library, Louisiana State Univ. Orono: Raymond H. Fogler Library, University of Maine College Park: Engineering and Physical Sciences Library, University of Maryland Amherst: Physical Sciences Library, Univ. of Massachusetts 225-578-8875 207-581-1678 301-405-9157 413-545-2765 Boston Public Library* 617-536-5400 Ext. 4256 Ann Arbor: Media Union Library, University of Michigan Big Rapids: Abigail S. Timme Library, Ferris State University 734-647-5735 231-592-3602 Detroit Public Library (has APS 313-481-1391 Image Terminals)* ▲ * WEST (Web-based Examiner Search Tool—better searching) subscriber. ▲ EAST (Examiner Assisted Search Tool) subscriber. Fig. 6K—List of Patent and Trademark Depository Libraries
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N O LO ® “The best roll-up-your-
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Products & Services Books & Softwar
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15th edition Patent It Yourself You
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Acknowledgments My deep thanks go t
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2 3 4 The Science and Magic of Inve
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Nondisclosure Agreement 1. Parties.
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About the Author David Pressman is
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