Everything I Need to Know About Intellectual Property…

Suzanne L. HolcombeDocuments Librarian501 Edmon Low Library(405) 744-7086, lib-ped@okstate.eduwww.library.okstate.edu/patents/

Why are we talking about IP?(patents, trademarks, copyrights, trade

secrets)

Patents reveal solutions to technical problems, and they represent an inexhaustible source of information: More than 80 percent of all technical knowledge is described in patent literature. Check patent literature to see if a product has been developedCheck trademarks to see if a name or logo for a good or service is in use

The Patent and Trademark Library at OSU

Part of the USPTO’s Patent and Trademark Depository Library Program: a nationwide network of libraries set up to disseminate patent and trademark information and support the intellectual property needs of the public.We are located on the 5th floor of the OSU Library and we have a Web site.Call to make an appointment to do a preliminary patent or trademark search.

Intellectual Property (IP)

In Section 8 of Article 1 of the U.S. Constitution:“Congress shall have Power To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors exclusive Right to their respective Writings and Discoveries”Four main forms of IP: Patents, Trademarks, Copyrights, Trade Secrets (the formula for Coca-Cola)Actual forms of property which can be bought, sold, etc.

What is a Patent? (U.S..)

Provision in Title 35 of the United States CodeMust be a new and useful machine, item of manufacture or compositionMust be non-obvious, and reproducible by one skilled in the artPatent grants the right to exclude others from making, using or selling an inventionThree types of patents: utility, design, and plant

Utility Patents

What we think of as a “patent”Protect how the item WORKSLegal language defines the actual parameters of the protectionLength of protection is 20 years from date of file, provided maintenance fees are paidApplications are published 18 months after filing (American Inventors Protection Act AIPA)

Stephen McKeever, OSU Physics Dept.

Assigned to the OSU Board of Regents

A bimodal method for determining an unknown absorbed dose of radiation. An irradiated material is illuminated with ultraviolet or visible light and the luminescence which is emitted from the material is detected. The illuminating light is pulsed, with pulse widths varying from 1 ns to 500 ms. The luminescence emission from dosimetric traps is monitored after a delay following the end of the illumination pulse.

Current U.S. Class: 250/459.1; 250/484.5

Design & Plant Patents

Design patents protect how the item LOOKSLess expensive to obtain, protect for 14 years

Plant patents protect a variety of plant such as roses, begonias, etc.

Patents Worldwide

Patents reveal solutions to technical problems, and they represent an inexhaustible source of information: More than 80 percent of all technical knowledge is described in patent literature.Most industrialized countries offer inventors protection in the form of a patent. Standards vary from country to country.There are international treaties that allow U.S. inventors to obtain patent protection in other countries if they take certain required steps (World Intellectual Property Organization).

Do you need a patent?

Patents:– Are a bureaucratic, complicated venture– Are expensive: average cost $6,000-$15,000

and up– Take a while to issue: from the date of filing,

1.5 to 2 yearsDepending on the nature of the invention, it maybe be more desirable to start producing and selling the product without a patent. Consult with an attorney, weigh the pros and cons.

What is a Federally Registered Trademark?

Provision in Title 15 of the United States CodeWord, name, symbol or device that identifies the good/services of one entity from goods/services of another in interstate commerceOwners of marks may seek federal registration because of procedural and legal advantages over state and common law trademark protectionProtection is indefinite, if fees are paidSee http://www.uspto.gov/® symbol is a registered mark. “Tm” and “Sm” indicate an unregistered Good and Service.

Copyright

Provision in Title 17 of the United States CodeThe creative expression, not the facts are protectedDuration of protection runs the life of the author, plus 70 yearsAutomatic protection is given to printed works, software, artwork, photo, video, and practically everything on the Internet, once “fixed in any tangible medium of expression”See the U.S. Copyright Office at the Library of Congress http://www.loc.gov/copyright/

The Patent Process

See the USPTO website http://www.uspto.gov/ for basic information about patents and the patent process:– How to apply for a patent– Fees and payments (see Patent Assistance Center). (The basic

filing fee for a utility patent is $770, $385 if a small entity.– Help (Patent Assistance Center)– Search patents (also patent applications – those that have been

accepted)– See also Nolo Press’s title: Patent It Yourself, available at the

Library or via http://www.nolo.com/.

Why Do a PreliminaryPatent Search?

Patent searchers often find that something similar to theirs has been patented, and they don’t need to proceed through the long, expensive patent processThere are 6,000,000+ U.S. PatentsJust because it’s not on the shelves at ______ doesn’t mean an item hasn’t been patented or doesn’t existThe more information available, the better for the decision making processThe patent process is costly

Searching Patents on the Internet

If you’re looking for a single representative patent (something that is close to your idea), then keyword searching available on the USPTO Web site may suffice

BUTIf you want to be able to say “nothing else like mine

exists,” then you must perform a classification based search -- translation, you will need assistance from a trained searcher

The USPTO uses a class/subclass system to organize patents into like groups (as to how they work)

NOTE: It is only very recently that all of this can be done online. For years we used paper and microfilm.

Searching Patents on the Internet cont’d

The complete images of all patents (back to 1790) are available online ONLY if searching by class/subclass. Searching by keyword will ONLY retrieve patents back to 1976.The full-text of a patent will include “drawings” or “pictures.”USPTO requires that the AlternaTiff plug-in be installed to see drawings (TIFF format) http://www.alternatiff.com/

Steps to Starting Patent Search

Start at http://www.uspto.gov/go/classification/Use the US Patent Classification A-Z Index in paper or online and locate your subject and initial class/subclass.Examine Class Numbers and Titles (Manual of Classification in paper..) and Definitions in paper or online to further define the class/subclasses to search.Look at patents online assigned to selected class/subclasses.Or do a Keyword search.Study relevant patents to determine appropriate class/subclasses.

To Do a Good Preliminary Search

It is important to determine the appropriate class(es)/subclass(es) for your invention and to examine all of the patents in that class(es)/subclass(es).It is very helpful to locate an already existing patent that is similar to your idea using either the Index or a Keyword Search.On the first page of every patent is the class(es)/subclass(es) that that patent fits it to according to how it WORKS. You can use these to guide you in your search.

USPTO Class/Subclass System

An example follows on the next screen

For more help see HELP at http://www.uspto.gov/go/classification/

Every one of these (subclasses) is a LIST of patents.

Each list may have as few as 40 or as many as 400 patents in it.

All the patents on 43/9.4 meet the criteria of Fishing, Nets, Trawl, Bottom running sled.

USPTO class/subclass system, example

http://www.uspto.gov/go/classification/ (where 043 is replaced by the class you’re investigating)

Search Example Using the Index

A food processing patent related to pet or animals foods

Process:

1. Use the US Patent Classification A-Z Index to locate your subject http://www.uspto.gov/go/classification/

2. Examine Class Numbers and Definitions to further determine the class/subclasses to search http://www.uspto.gov/go/classification/

3. Look at patents online assigned to selected class/subclasses

Think of key terms to describe the item and look them up in the Index.

Click on “F” in the A-Z list and scroll down to ‘Food.’ Scan to see if there are entries that relate to food processing and animals.

http://www.uspto.gov/go/classification/

Go back to http://www.uspto.gov/go/classification and type in the class/subclass you found under Food to look at it in more detail. This will take you to the Manual.

You can also type in the class/subclass you found in the Index here.

In class 426 FOOD OR EDIBLE MATERIAL: PROCESSES, COMPOSITIONS, AND PRODUCTSScan below to see if a more specific subclass can be identified.

Click on the red P’s to see the patents in any of the subclasses. You can view patents back to 1790.

Click on the subclass numbers for definitions or more information about the subclass.

This is the definition for subclass 635, Animal Food in class 426 Food or Edible Materials. Note the suggestions for other subclasses to search.

This is the list of patents in class 426 subclass 635.

Search Example Using a Keyword Search

Or start with a Keyword search Use USPTO full-text Advanced Search http://patft.uspto.gov/netahtml/search-adv.htmUse “$” to find other forms of a wordStudy relevant patents to determine appropriate class/subclass

At: http://patft.uspto.gov/netahtml/search-adv.htm

Search “food process$” and (pet or animal)

Scan down through the list of patents until you find one that looks close to your idea. Remember that this search will only retrieve patents back to 1976.

Pet food product containing probiotics. 37 patents into the list of 118 patents.

Click here to see the full-text and images of the patent. Requires Alternatiff plug-in. Read the claims to see what this patent protects.

Note classes and subclasses. If this patent is close to your idea, all of the patents in these classes/subclasses should be examined.

ConclusionIn general ... Patents protect the “thing” and how it works; Trademarks protect the name as used in commerce; Copyrights protect the artistic representations.Patents are available on the Internet, but are not as easy to search as it appears.Thorough patent searching requires that an appropriate class/subclass be found and patents in that class/subclass be examined.