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162 | Patent it YOURSELF “fiberglass.” You’ll get a list of patents that have all of your search terms. Click on a patent to get a new page with all of the parts of the patent and a link to download a PDF of the patent. The main search page also links to a help site and to an Advanced Patent Search. The Google Advanced Search page (Fig. 6O) is where you can refine your search to look for patents with all of your keywords, an exact phrase, only one of a group of words, or omitting a word. Also it can be used to search for patents by number, title, inventor, assignee, or a specific U.S. or international classification. You can restrict the search to U.S. patents or published U.S. patent applications, utility, design patents, etc., or by a date or issue or filing date range. All of these helpful features are free. Thank you, Google! 2. PTO Search With EPO Supplement The PTO’s system can be used to make Keyword patentability searches of U.S. patents back to 1976 and U.S. patent applications back to March 2001 when they were first published. You can also use it to make Classification searches by patent number or class and subclass of U.S. patents from 1790 to the present. It cannot be used to make a patentability search of any patents before 1976. The PTO’s URL for searching services is www.uspto.gov/patft/ index.html. The PTO’s servers have been vastly improved, so that you can easily and quickly download and view the images of any patent back to 1790. As stated, to print any patent you will find it faster and easier to use any of the services listed above, which can deliver PDFs of entire patents, rather than one page at a time. Everything is free on the PTO’s website, except for orders of patents to be sent by mail. Fig. 6P shows the main page of the PTO’s search website—note that you can make the three types of searches of either patents or patent applications. In order to view and print the actual images of patents on this website you must download the AlternaTIFF viewer or use one of the free services listed above. You can do a rough extension of your patentability search of U.S. patents back to the 1920s at the EPO’s site (http://ep.espacenet.com). In addition, this site also provides a searchable database for some foreign patents Fig. 6N—Google Patent Search (Main Page) Fig. 6O—Google Advanced Patent Search 3. Limitations of the PTO and Other Systems The fact that the PTO website only permits you to search patents issued since 1971 or 1976 (while the Google search site goes all the way back to 1836), creates an extremely important limitation. As discussed in Chapter 5, Section E, all previous inventions (prior art) are relevant when determining whether a new invention qualifies for a patent. Therefore, to be effective, a patent search must cover the Fig. 6P —PTO Search Site (Main Page)
ChaPter 6 | SEARCH and you may FIND | 163 earliest prior art that might show your invention. Since patentability searches of the PTO system can be made back only to 1976, you can have confidence in your search results on the PTO’s site only if your invention technology—for example an Internet invention—wasn’t around prior to 1971 or 1976. For a low-tech invention that requires searching back beyond the 1971 date (for instance, a bicycle) these systems will only provide a fraction of the total prior art for that invention. Thus you should use Google’s patent search site to search back to the first numbered U.S. patent, which issued in 1836. A second limitation is the fact that you must depend on keywords and the PTO’s classification system. Traditional patent searching uses just the classification scheme to find relevant prior art. This scheme is the result of humans grouping like inventions together and does not depend on the whimsy of which search terms you select. The keyword system, on the other hand, requires you to come up with the right words in your search request. However, patents are often written with legal-sounding terms or technical jargon in place of otherwise ordinary terms. For example, a patent for a telephone may be titled “Full Duplex Voice Telecommunication Device.” Such a patent may never be found with “telephone” as the search term. This limitation is inherent in any computerized searching system based on search terms. The disadvantages of the keyword search system can to some extent be overcome by following the tips described in Section 5 below as well as by using the logic implicit in the Boolean search technique and supplementing your Keyword search with a Classification search. 4. The Ways to Search the PTO’s Website There are three ways to make a search on the PTO’s website (Quick, Advanced, and Patent Number). a. PTO Patent Number Search To make a patent number search (better termed a patent lookup by number) on the PTO’s website, go to the main search page (Fig. 6P) and click “Patent Number Search,” which will take you to the “Patent Number Search” page shown in Fig. 6Q. Then enter the number of the patent you want to view. Note that utility patents need no prefix while design, plant, and reissue patents, and defensive publications (see Chapter 7) and SIRs (see Chapter 13) require the prefixes indicated. By way of example, I have entered the number of a utility patent in the “Query” box. Next, click “Search,” which will take you to the “Results” page (see Fig. 6R). This shows that the patent is available and gives its title. Next, click the patent number or title, which will take you to the “Full Text Display” page (see Fig. 6S). This page displays the entire text of the patent and all of its bibliographic data. However, only the first page of this text is shown. Scroll down to see the rest of the patent. Any of the text can be copied and pasted into a word processor for editing. This page does not display any of the drawings of the patent displayed, however. Finally, assuming that you’ve downloaded and installed the AlternaTIFF viewer from the link (see Fig. 6P), you can click “Images” at the top of the page and the first (or abstract) page of the actual patent appears (see Fig. 6T). Note that in addition to the first page of the patent, some extraneous information (the PTO’s logo and some navigation buttons) also appears at the top and left side of the abstract page. The buttons are used to display other pages of the patent. If you need to obtain copies of any patent, it’s best to use one of the private patent copy supply services listed above because the PTO’s server can download only one page of a patent at a time. If you do want to get a copy of any patent from the PTO’s site, print out the actual images using the above procedure; don’t print the text version or the patent page with the extraneous information. To print just the patent images, simply click the printer icon (not shown) at the top of the page just below the patent number. (Don’t click “Print” on your computer’s toolbar above the page.) The above procedure can be used to look up patent applications; just use the right-hand side as seen in Fig. 6P. If you do make a patentability search, you should search both patents and published patent applications. b. PTO Quick Search The PTO’s “Quick Search” page allows you to enter and search two simple Boolean terms, such as bicycle AND aluminum (as shown in Fig. 6W). Note that the terms Description/Specification are selected in the Field 1 and Field 2 boxes; this is where you should make all Boolean searches. Also note that the years 1996–2001 are displayed in the “Select Years” box. In addition to these years, you should repeat the search as necessary, selecting all other year periods so as to cover all years back to 1976. (The “Quick Search” page and the “Advanced Search” page can also be used to make bibliographic searches. I will not cover these features, but you will find the use of these intuitive and it is also explained in the Help link.) Fig. 6X shows the results of the quick search of Fig. 6W. Note that the search yielded 947 patents, which is too large a number to handle, so the search will have to be narrowed by using more specific search terms. Note that Fig. 6X displays the first 16 patents. Scrolling down and visiting subsequent page links can show the rest. To view any patent
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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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8 9 E. Make and Sell Your Invention
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13 14 J. The Patent Laws of Other C
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Appendixes 1 2 Abbreviations Used i
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Your Legal Companion A. You Don’t
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Nondisclosure Agreement 1. Parties.
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Invention Disclosure Sheet of Inven
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Form 3-4: Application Data Sheet—
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Positive and Negative Factors Evalu
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Searcher’s Worksheet Sheet of Inv
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Form 10-1A: Declaration for Utility
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Form 10-4: Credit Card Payment Form
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In the United States Patent and Tra
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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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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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